Jason Paul Burke
From Dominion Post story 1st May 2004
A repeat sex offender with a grudge against Corrections authorities for not helping him more has received an open-ended jail term. Jason Paul Burke was yesterday sentenced in the High Court at Wellington to preventive detention just four weeks after his release from an eight and-a-half year term for rape. Justice Ron Young said Burke had to spend at least six and-a-half years in jail this time before he was eligible for parole. Prosecutor Grant Burston had argued for an eight-year minimum. When Burke, 31, reoffended in central Wellington last July he was too drunk to commit rape again, his lawyer, Tony Ellis, said.
Instead he had grabbed a lone woman as she passed a car sales yard, could not perform the act of sodomy he threatened, slammed her head on to a car bonnet and forced her to perform oral sex on him. When he vomited she yanked on his testicles and tried to escape. Police heard her screams and found her in Burke's grip. Burke pleaded guilty to charges of attempted sexual violation, sexual violation by unlawful sexual connection and abduction. Mr Ellis said Burke felt strongly that he did not get the support he expected on his release, or the treatment he needed to avoid reoffending. The offending had been reprehensible and horrific for the victim but did not deserve preventive detention, Mr Ellis said.
Justice Young said Burke was a trained cabinet maker who had been regularly employed but also had poor literacy and numeracy skills. A theme of the four mental health reports the court received was that Burke was suspicious of psychologists and psychiatrists and was often unwilling to cooperate. There was ample evidence that Burke was likely to offend in the same way again, the judge said. Justice Young rejected an attack by Burke's lawyer on the assessment of the likelihood of Burke reoffending, and arguments that the sentence amounted to arbitrary detention and violated the Bill of Rights.
Date of Birth
Abduction and rape of a female in early 1995
Abduction, unlawful sexual connection and attempted sexual violation of a Wellington woman shortly after being freed from jail in July 2003
Sentenced to just 8 years 6 months in August 1995
Released June 2003
Sentenced to preventive detention with a 6 year 6 month non-parole period in April 2004
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OFFENCES / CONVICTIONS
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