Lyle Keith Muncaster
Dominion Post story here
Waikato Times, Saturday, 13th December 2008
A convicted sex offender, who while on parole repeatedly assaulted and then raped a woman, was yesterday sentenced to preventive detention. Lyle Muncaster, 36, of Tahuna, showed no emotion in the High Court at Hamilton as Justice Heath also imposed a 12-year non-parole period. Muncaster was earlier found guilty of 13 charges after a jury trial at the Hamilton District Court in February this year.
The charges included four counts of assaulting a female, two counts of injuring with intent to injure, two counts of assault with intent to commit sexual violation, two of kidnapping, rape, assault with intent to injure, and threatening to kill. The charges relate to incidents in 2006. Muncaster was convicted on each charge by District Court Judge Phillip Connell. The judge, however, declined to sentence him, saying Muncaster might be a candidate for preventive detention.
Justice Heath agreed. He said a sentence of preventive detention was necessary to protect the community. The court heard that on one occasion, Muncaster sexually violated his victim during a home invasion-style attack. The risk was "too great" that Muncaster would not respond to treatment by his prison release date, Justice Heath said.
In submissions, Crown prosecutor Jacinda Foster said Muncaster continued to dispute the jury's findings and did not accept responsibility for his offending. Ms Foster said Muncaster's premeditated assaults had shown a pattern of escalating violence and had occurred while he was on parole. The court heard that in 1996 Muncaster was sentenced in the Hamilton District Court to 12 years' jail after pleading guilty to sexual and violent offending.
Ms Foster said a psychologist's report indicated the 36-year-old was at high risk of reoffending. The court could not have confidence a lengthy sentence would prevent further offending. Ms Foster said Muncaster's victim had suffered irreversible damage and was fearful that she would be hunted down.
Defence counsel Thomas Sutcliffe said it was impossible to predict whether Muncaster would offend in the future and asked that he be given an end-sentence of 14 years. Justice Heath said evidence indicated Muncaster was aroused by exercising power over others and inflicting violence on women. "Anger seems to grow in you so quickly when someone does something you don't like," the judge said. Muncaster faced the rest of his life in prison if he did not respond to treatment.
Date of Birth
Home invasion, rape, assault on a female (x4), injuring with intent to injure (x2), assault with intent to commit sexual violation (x2), kidnapping (x2), assault with intent to injure and threatening to kill a woman in 2006
Rape, abduction, sexual violation by unlawful sexual connection (x2), and threatening to kill a woman in October 2007
Had a prior record of sexual and violent offending, and yet was on parole at time of his latest attack
Three Strikes Status
Sentenced to preventive detention with a 12 year non-parole period in December 2008
Sentenced to 10 years 6 months with a 6 year 2 month non-parole period in May 2011
Eligible for possible release December 2020
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OFFENCES / CONVICTIONS
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