Luke James Berdette Martin
NZ Herald story 15th August 2003
A 14-year-old youth broke into a Stratford woman's home, raped her, threatened to kill her with a kitchen knife unless she gave him money and then told her they were friends and he would be back. The 33-year-old woman managed to escape after a three-hour ordeal, when her attacker fell asleep on her bed watching a Harry Potter DVD. In the High Court at New Plymouth yesterday, Justice Hugh Williams sentenced Luke James Berdette Martin to six and-a-half years' jail for rape and a concurrent four and-a-half year jail term for aggravated robbery.
He imposed a minimum three-year non-parole period. Martin, who will go to Christchurch's Kingslea Residential Centre, could be free before he turns 18. Crown prosecutor Simon Heale told the court Martin broke into the woman's flat on the night of July 1 this year. He confronted her in her bedroom saying he wanted to have sex. She offered him money to leave and tried to escape. They fought before he grabbed her around the neck and dragged her back into the bedroom. Martin told the woman he had a gun and asked her "Do you want to die" before raping her.
"He continued to threaten the victim by saying that if she did not have sex with him he would kill her." He then went through her house looking for money, picking up a knife from the kitchen. The woman gave Martin $900 and when he demanded more told him she only had another $30. "He replied that the victim was not to tell anybody what had happened, that they would become friends and that he would return the following evening so she could go to the bank to obtain the $30," Mr Heale said. He then made her cook him chicken drumsticks and nuggets while he played computer games.
Afterwards he had a shower and tried to force the woman to shower to wash away evidence, Mr Heale said. After Martin fell asleep the woman ran to a friend's house. When police arrived he was still asleep. "In explanation, he stated he had been at a friend's, had drunk alcohol, smoked cannabis and consumed methamphetamine and that he could not really recall the incident that well." Mr Heale said the Crown believed there was a high risk that Martin would reoffend. At age 12 he approached two mature women in the street and sexually accosted them, he said.
In an impact statement, the victim, who had moved to New Zealand several years ago, described how she felt defiled and terrified. "I really thought he had a gun, as he said, and after he raped me I thought he was going to kill me. The fear and the feeling that you could be murdered at any instant is indescribable." After the attack she was scared the boy or his friends would return to her house. "It is just best that I leave this country and return to my homeland, to my family. I will never come back." It was believed the woman had now left New Zealand.
Defence lawyer Paul Shearer said it was the first time Martin had used methamphetamine and, while it was no excuse, he questioned whether the attack would have occurred had he not taken the drug. Mr Shearer said Martin, who was living with a social welfare caregiver at the time of attack, had been prescribed Ritalin for an attention-deficit disorder. Martin was ashamed, remorseful and accepted what he did was wrong, he said. "He needs structure, he needs help." Justice Williams said the crimes showed persistence and callousness.
"This (the rape) was an adult crime committed very much in an adult way." Martin, who had failed academically, had serious drug and alcohol problems, he said. The youth had said he had been making $350 a week dealing drugs. Before the incident he had been at his girlfriend's house drinking and smoking cannabis with about 14 young people - at one stage two couples had sex and the rest watched. The judge said these days it was unusual for judges to deal with serious offences where methamphetamine was not involved.
Date of Birth
Rape of a Stratford woman after invading her home in July 2003
Escaped from a prison training course at Hamilton in November 2007
At large in New Plymouth
Three Strikes Status
Not at the same time presumably.....
Sentenced to 8 years 2 months with a 3 year non-parole period in August 2003
Released at sentence end date August 2011
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OFFENCES / CONVICTIONS
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