Kenneth Warren Hawkins
The Southland Times, August 18th 2001
A SOUTHLAND man who admitted four charges of rape and 21 other charges of sexual offending involving two six and seven-year-old girls was sentenced to 11 years' jail and ordered to pay $30,000 in reparation to his victims yesterday. Kenneth Warren Hawkins, 56, appeared before Judge Phil Moran in the Invercargill District Court. Hawkins had previously admitted four charges of raping one of the girls, nine charges of indecent assault on girls under 12 years and 12 charges of sexual violation by unlawful sexual connection between April 1999 and May this year.
Crown solicitor Alistair Garland said Hawkins exposed the children to pornography on his computer and worse still had photographed one of the children in sexual situations and retained the images on his computer. Hawkins had perpetrated systematic exploitation of two very young children for his own sexual gratification, he said. The presentence report said Hawkins had a lack of appreciation of the harm he had done and a lack of remorse, Mr Garland said. Defence counsel Maxine Knowler said Hawkins was remorseful and disgusted with what he had done.
Having spent the past two months in jail, Hawkins was numb and, like many men, had difficulty expressing his emotions. It was acknowledged there had been a gross and devastating breach of trust. Hawkins had worked for the same employer for 31 years and when he was made redundant from that position was re-employed in a seasonal capacity. His children still supported him and one daughter had written to the judge, Miss Knowler said. While in custody, Hawkins had been threatened and assaulted.
Judge Moran said Hawkins had known the children's families since before they were born and was trusted by them. One of the children would go to Hawkins' home after school. They would play on the computer or play cards and she would sit on his lap. He would take her panties off and fondle her. Sometimes he would take his own pants off. On two occasions at her home he made her perform indecent acts on him. A Keeping Ourselves Safe programme at school prompted the child to speak out about the abuse.
The child's mother had described her as very courageous to talk about it, Judge Moran said.The second victim would stay with Hawkins during school holidays and for other extended periods. He had penetrated her with his fingers and other objects. Photographs of the child in indecent poses and in sexual situations with Hawkins were found on his computer. He also had downloaded thousands of images from the internet of child sex torture and bestiality.
The Southland Times, May 24th 2002
A SOUTHLAND man who sexually abused two children, and photographed one in pornographic poses, has lost his appeal against an effective 11-year jail term.Kenneth Warren Hawkins, 56, was jailed last year after admitting four charges of rape and 21 other charges of sexual offending involving two girls aged seven and six. He was also ordered to pay reparation of $10,000 to one of the girls, and $20,000 to the other. In a written judgment issued yesterday, the Court of Appeal said the offending took place over 2 years 6 months from January 1999 till May 2001 in respect of one child and more than 13 months from April 1, 2000 till May 30, 2001 in respect of the other.
Defence counsel Maxine Knowler argued that the 11-year prison term was manifestly excessive, but did not challenge the reparation order. She submitted that the starting point of 15 years adopted by the sentencing judge was too high, with too little allowance for the guilty pleas. She also argued that the rape charges were of lesser seriousness as they did not involve vaginal penetration, and that Hawkins's good character and age should have been given greater weight. If proper weight had been given to all the mitigating factors a sentence of eight years' imprisonment was appropriate. But the court said Hawkins was in a position of trust, and his actions involved multiple depraved sexual acts, including several rapes of one child.
"It is well known that long-term effects of such serious crimes upon young children such as these can be profound." The filming by Hawkins of himself raping one of the children and performing other indignities on her was particularly reprehensible. "It was further aggravated by his placing such photographs and images of the child on his computer, with consequential possible access by others to such material." The court said that though allowance must be, and had been given, for his guilty pleas, "it is clear that the defence of the charges would have been futile given the discovery of the pornographic images held by him on his computer showing him seriously violating one child". The substantial reparation order was also a factor to be taken into account, "but any attempt to lay down any amount of tariff for reparation, if it fetters a discretion of a sentencing judge, is to be avoided". The appeal was dismissed.
An aggravating feature of the offending was that it was repetitive abuse over an extended period of time, both the victims were very young and it was a gross breach of trust and power, Judge Moran said. The court accepted Hawkins was remorseful. He was also a loving and supportive father."Despite this, your children support you and love you. In this respect, Mr Hawkins, you are a wealthy man." Everybody who knew Hawkins was astounded at the offending, Judge Moran said. Hawkins was in a position to pay reparation to the victims. The child who was raped would receive $20,000 and the other $10,000.
Date of Birth
1945 (D.O.B. is approximate)
At large in Appleby, Invercargill
Three Strikes Status
Sentenced to eleven years in August 2001
Unsuccessfully appealed this sentence May 2002
Additional Photos & Files
Associated Media Links http://www.scoop.co.nz/stories/PO0205/S00271.htm
Kenneth Warren Hawkins Appeal Notes
OFFENCES / CONVICTIONS
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