Tui Simon Kara
WAIKATO TIMES, 6th February 1998
A 15-year-old boy who raped a drunk and unconscious girl was jailed for six years in Napier District Court today. The boy, now 16, was found guilty of the offence by a jury last month. A co-offender, Tui Simon Kara, 18 was jailed for five years after being convicted of indecently assaulting and disfiguring the girl by burning her with a cigarette lighter on the same night.
Judge Tony Adeane said the pair were "predictable products" of children left to run wild. Those who failed to set boundaries should share responsibility for their crimes. There were few mitigating factors in the case, which had been of a prolonged and cruel nature. He described how the girl had drunk herself into insensibility after drinking undiluted gin from the bottle. The juvenile then had sex with her and Kara touched her genitals when she would have been incapable of giving consent.
The judge said the sex attack occurred in front of a crowd of teenagers, including children as young as 12, who the offenders invited to join in the activities. He described Kara's actions in burning the girl on her arms and buttocks with a cigarette lighter as "cruel and gratuitous". The whole episode was "sinister" with prolonged cruelty in the use of a young girl, and may have become a gang rape because of the encouragement given to the crowd, he said.
The Dominion, 2nd April 1998
A MAN who indecently assaulted a drunken 16-year-girl and burned her buttocks with a cigarette lighter has had a year cut from his five-year jail sentence after a Court of Appeal hearing. Court President Sir Ivor Richardson said the sentence was too long given that Tui Simon Kara, 18, had been found guilty of indecent assault by putting his hand on the girl's genitals, not sexual violation.
But the indecent assault was still serious because it had happened when the girl was drunk and helpless and it had been done in front of other young people drinking in the town centre of Hastings' Flaxmere suburb. Kara had later burnt her buttocks, thighs and shoulder after she had been taken to a sleepout, where Kara's co-accused, Arthur Charles Niania, 15, had raped her. Because of his youth, Niania was jailed for six years for rape rather than the usual eight years. Witnesses at Kara's trial had said he invited other young men present to have intercourse with her.
Date of Birth
Sentenced to 5 years in February 1998
This was reduced to 4 years on appeal
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Associated Media Links Tui Simon Kara Appeal Notes
OFFENCES / CONVICTIONS
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