James Timi Martin
A recently freed repeat sex offender whose crimes were once described as "truly wicked" won't be subject to extended supervision beyond his release.
The Department of Corrections applied to the High Court to extend its monitoring of James Timi Martin, 56, for five years following his release from prison in August 2015.
But Justice Edwin Wylie declined to impose an order after finding Martin had gone to every effort to turn his life around.
Martin had been incarcerated on and off since 1992, for the rapes of two women. He was released from prison last year and was subject to strict release conditions but after those conditions fell away Corrections applied for his supervision to continue.
Under a supervision order, recently released prisoners can be monitored by GPS, be subject to a curfew, and can be ordered to attend relevant treatment programmes.
Martin's crimes included an indecent assault committed when he was just 14 years old in 1974, and the rape of a woman who had just been mugged, in 1991.
In relation to that crime Martin was found to have attacked a woman who had just been severely beaten and robbed of her jewellery. He had offered to take her to police in his own car when he threatened her with a knife, beat and raped her.
For that offence he was convicted of rape and unlawful sexual connection and sentenced to 12 years jail, later reduced to 10 years. The Court of Appeal described the offending as "... a truly wicked crime: a gross abuse of the trust a distressed and helpless woman had placed in [Mr Martin] at his own invitation".
He was paroled for that offending in 1998 but a year later committed another rape, after which he tried to steal the victim's television from her home, and took her car. He was jailed for that offending in 2001.
Last year Corrections applied to the High Court to have Martin monitored for five years under an Extended Supervision Order, citing concerns Martin was at a "high risk" of reoffending on release. However, in several reports provided to the court experts couldn't agree that there was enough evidence that he had an intense desire to reoffend.
One report detailed how Martin had estranged himself as chapter president from the Black Power gang and its "culture of non-consensual sex". In custody he'd been stabbed, prompting him to cut himself off from gang life, the report writer told the court.
Martin had completed an adult sex offender course, had "shown insight" into his offending, increased his skills in interacting with women, improved his communication skills, gained employment and a solid support base and had participated in two courses after his release from prison, reports said.
As part of his participation in one course he had to give a speech in front of a crowd of 150, who had been "moved and inspired" by his talk, one said.
"Having considered all of the materials available to me, I am not satisfied that Mr Martin currently displays an intense drive, desire or urge to commit a relevant sexual offence," Justice Wylie ruled.
"It seems to me that he has made every endeavour to turn his life around. Indeed, I consider that there is little more that he could have done."
Date of Birth
1959 (D.O.B. is approximate)
Sentenced to 16 years in February 2001
Released July 2010
Reoffended twice on parole, back inside
Additional Photos & Files
Associated Media Links Court rejects supervision request for sex offender James Timi Martin
James Timi Martin Sentencing Notes
OFFENCES / CONVICTIONS
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