Mark David Flesher
In May 2004 the appellant was convicted on his trial before District Court Judge Epati and a jury on three representative counts of indecently assaulting young girls and four representative counts of wilfully ill-treating children. The indecent assaults related to two sisters and the charges of wilfully ill-treating related to those girls and two of their brothers. The District Court Judge declined sentencing jurisdiction. The appellant was sent to the High Court where, in December 2004, Frater J imposed preventive detention with a minimum non-parole period of five years. This appeal is against both conviction and sentence.
 The indecent assaults consisted of the appellant rubbing his body against buttocks and genitals. This occurred when he and the girls were clothed so that there was no skin to skin contact. At relevant times one girl, whom we will call A, was about 12 years of age and the other girl, B, was about 9 or 10.
First, there is the context of violence in which all the appellant’s sexual offending has occurred. In the case of the teenage girl, the appellant offered her a lift in his car and then drove her to a secluded area where he forced her to remove clothing and then sexually assaulted her. She eventually managed to escape. He attacked the next victim in her home, threatened to slit her throat with a knife and lacerated her neck to force submission. After hours of violent degradation she also managed to escape. In the case presently before us, the appellant committed the sexual offences in a context of sustained violence against the children.
 Next, the appellant has seriously offended shortly after serving sentences of imprisonment. He attacked the victim in her home little more than a month after being released from a prison sentence of three and a half years for the sexual abduction. The present offences began when he was still on parole from a sentence of ten years imprisonment for the sexual home invasion.
Date of Birth
1970 (D.O.B. is approximate)
Sentenced to 10 years 6 months in October 1993
Sentenced to preventive detention with a 5 year minimum term in December 2004
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Associated Media Links Mark David Flesher Appeal Notes
OFFENCES / CONVICTIONS
|Event Date||Event||Court Location||Offence Type||Offence Date||Committed While||Sentence Imposed|
|25-8-2005||Appeal hearing Date is approx||Court of Appeal Auckland||Indecent assault on a girl under 12 years old||03-05-2003||Preventive Detention||▼|