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Offender Databases Gary Mallitte

Gary Abrahamas Mallitte

Alias

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Offences

Home invasion, rape (x2) and assault with intent to commit rape (x2) in Canterbury between March and June 1989
Also committed a rape and burglary in Christchurch in 1988

Victims

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Offender Affiliations

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Gang affiliations

none known

Age

Born 1967

Current Location

unknown

Parole/Release Dates

Sentenced to twelve years in August 1989
Sentenced to just two years in August 1999

Background
From the Christchurch Press 6th August 1999
A two-year jail term for an intruder rape committed in 1988 and matched through DNA profiling should not be seen as a typical sentencing, a Christchurch detective says. Gary Abrahamas Mallitte, 32, a solo father, was sentenced to two years jail in the High Court in Christchurch yesterday after admitting one charge of rape and one of burglary.

He was charged after DNA profiling matched him to the crime, and is the first historical rape case in Christchurch to end in conviction after a DNA match.Detective Sergeant Roy Mitchell said the sentence was not indicative of a typical sentence for that type of crime. He said Mallitte had received a 12-year sentence for similar offending in 1989, and the judge had to take the totality principle into account.

The 1988 offence had occurred before the other offending. In sentencing Mallitte, Justice Panckhurst said if the offence stood alone it would probably have attracted a sentence of six or seven years jail. He said combined with the other offending, the Court of Appeal may have considered a total sentence of 14 or 15 years if the 1988 offence had been before it at the same time.

His Honour said there had been significant delays by the authorities in charging Mallitte that could not be sufficiently explained. "In my view you should have been charged much earlier, and during your prison term," Justice Panckhurst told Mallitte. Mr Mitchell told The Press that Mallitte had given a blood sample in 1989 and was DNA-matched in 1990, but the statistical probabilities were not strong.

Mallitte was identified again in 1993 when the statistics were better, but there was a misunderstanding between the officer who held the file and the Institute of Environmental Science and Research over whether those statistics held true. Then there was a delay of another two years, and in 1995 the defence raised the issue of whether the blood was taken under informed consent.

Mr Mitchell said the police received legal advice that it was not, so waited for legislation on data bank compulsion orders to come into effect. He took over the file in 1997, and another blood sample was taken under a suspect compulsion order. It was matched early this year.

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Corrections and Additional Information
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