Brijesh Kumar Gupta
From the Dominion 28th February 2002
A Wellington man jailed for six years on a variety of sex charges after predatory attacks on two women has lost an appeal to have his sentence reduced. A written decision delivered by Justice Durie for the Court of Appeal this week threw out claims that the sentence imposed on chef Brijesh Kumar Gupta at Wellington District Court on July 20, last year, was too harsh.
Gupta, 25, was sentenced after pleading guilty to charges of sexual violation, abduction and indecent assault, after separate late night assaults on two women within hours of each other in November 2000, one of which left the victim with internal injuries. Justice Durie said that because of the serious and prolonged nature of the stalking involved and the fact that the two assaults were separate, there could be no question of "overcharging" in the sentencing. Gupta had indecently assaulted the first victim persistently on three separate occasions before stalking and attacking the second woman.
A particularly aggravating feature of the second attack was the way Gupta had assaulted and injured the victim. "All this was as close to rape as might have been and, but for an approaching vehicle, rape may well have been the likely result," he said. "In these circumstances, we think the difference between the starting point taken in this case (eight years) and that which might have been taken for rape, some two years higher, is, if anything, lenient."
Date of Birth
1976 (D.O.B. is approximate)
Three Strikes Status
Sentenced to just 6 years in July 2001
Unsuccessfully appealed in February 2002
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OFFENCES / CONVICTIONS
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