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escalating violence in our community
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Rape (x4), blackmail (x6), arson (x2), aggravated robbery, being an accessory after the fact to aggravated robbery, threats to property (x3) in Hamilton, Te Rapa and elsewhere over a 12 month period from July 2007 to July 2008
Some of these offences were committed while on bail
.
none known
Born 1983
Prison
Sentenced to 15 years with a 8 year 6 month non-parole period in October 2009
Background
NZ Herald story here
From Waikato Times story 31st October 2009
He was described as a "master manipulator" and someone who befriended and preyed on vulnerable young women. The full details of David Allan Malone's offending were revealed yesterday as the 26-year-old was jailed for 15 years, with a minimum non-parole period of eight years and six months. In the High Court at Hamilton, a packed public gallery sat in silence as Justice Potter detailed Malone's "insidious" series of offending against 13 victims, from August 2007 to July last year.
Malone, of Hamilton, had earlier pleaded guilty to six counts of blackmail, four counts of rape, three of threatening to kill, three of threats to property, two of arson, aggravated robbery and a charge of being an accessory after a robbery. Malone was arrested in November 2007, on charges relating to two bank robberies, but later released on bail. Despite being under 24-hour curfew, he went on to offend against two further victims. Most of the charges related to a carefully planned scheme in which Malone lured "young, naive women" into thinking they were the targets of underworld figures.
Via anonymous, threatening texts, Malone pretended to be various gang figures, convincing victims that their lives and families were in danger. The texts would often include personal information about the victims, which Malone had gleaned through his association with them. At times, Malone reinforced the deception by staging fake crime scenes with gang overtones, or having associates role-play as gang members. Malone would invariably approach his victims and offer help and advice. Four victims were raped by Malone after believing their lives or those of loved ones were in danger if they did not comply with his demands.
In the most chilling example, Malone convinced one young victim to take refuge in his basement, where she was kept bound and blindfolded for days, with Malone staging fake commotions outside. Malone later raped her, saying he was under orders from gang figures. Crown prosecutor Jacinda Foster said Malone's "continuum of serious criminal offending" was calculating, clever and callous. Malone's behaviour showed a disturbing level of premeditation, and reflected a person who was "something of a master manipulator". Ms Foster said Malone was able to use text messages to effectively torment his victims.
In submissions, Defence counsel Thomas Sutcliffe said Malone was not a sophisticated individual. Malone's victims were also relatively unsophisticated people and reflected the social circles in which Malone moved. However, Mr Sutcliffe said Malone's offending "was mean, manipulative and destructive of those individuals". Malone was genuinely remorseful for his actions but at the time of his offending, he did not have the capacity to appreciate the harm he was causing. Malone's family submitted his offending was "way out of character".
In sentencing Malone, Justice Potter said the victims' impact statements made for predictably harrowing reading, with some victims affected to the point of attempting suicide. The judge said she hoped Malone's expressed remorse was genuine, but noted his continuing tendency to minimise his actions or blame others. Justice Potter, however, declined the Crown's request for preventive detention, noting Malone's lack of previous convictions and saying she was not satisfied Malone would offend again when released.