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escalating violence in our community
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Sensible Sentencing Trust
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Kidnap, rape and sexual assault of an 18 year old woman in Hikurangi, Northland in March 2003
Was out on parole at the time for other offences
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none known
Born 1964
unknown
Sentenced to twelve years with a six year minimum non-parole period in December 2003.
Unsuccessfully appealed sentence and conviction in November 2004
Background
From NZ Herald story December 2003
A Kaitaia man who has spent most of his life behind bars will spend at least six more years in prison after being convicted of raping a teen hitchhiker on a remote Northland road. Abel Jaye Wira, 39, unemployed, appeared for sentence in the High Court at Whangarei yesterday after he was found guilty of raping an 18-year-old woman on March 22 this year. A jury also found Wira guilty of kidnapping, unlawful sexual connection and indecently assaulting the woman in a car near Matauri Bay. Justice Colin Nicholson sentenced Wira to 12 years' jail on the rape charge but set a minimum parole period of six years. Offenders usually serve a third of their prison sentence before they are eligible for parole. However, under the Sentencing Act of 2002 a judge can impose a minimum period to be served in jail.
Justice Nicholson said the woman had been hitchhiking near Springs Flat, just north of Kamo, to Kerikeri when she accepted a ride from Wira. During the trip north the woman fell asleep. Wira continued to drive to a remote location where he locked the car doors when the woman tried to get out. When the woman realised she could not protect herself because of Wira's superior strength she feigned unconsciousness. Wira then raped her. She was able to escape and flag down a passing motorist after Wira had stopped in Hikurangi. Justice Nicholson said Wira had shown "unusual callousness' by taking the vulnerable woman to such a remote area and forcing sexual activity over a sustained period. "I hope, for the sake of your fellow human beings and yourself, that you can decide to make this the last offending so you can get some sort of life for yourself and stop hurting other people," he said.
Crown prosecutor Peter Magee said Wira had committed the "appalling" offences while on parole. "He has spent most of his adult life behind bars. When he is not behind bars, he offends in a way that significantly affects members of the public," he said. He said a victim impact statement from the woman painted a tragic picture. "It's a scar she will have to carry with her even after this man's prison term is finished." "She suffered in the hands of a man who was on parole and in the hands of a man who clearly presents as an ongoing danger to the community. "Mr Magee submitted a minimum term of imprisonment must be set as the offending was at the high end of the scale. Lawyer John Watson said Wira had an unsettled upbringing and had been in state care since 12. Wira left school at 15 and had not had a job since. Wira had convictions including aggravated robbery, aggravated wounding, assaulting police, burglary and escaping custody.