Perry Pono Nohe
Dominion, Wellington, June 27 2001
A MAN convicted of attempted rape has had his nine-year jail sentence cut by two years.In a written judgment, the Court of Appeal said Perry Pono Nohe, who also received a concurrent sentence of one year for indecent assault, had appealed against both his convictions and sentences. The court said that in June 1999, Nohe attended a party at the complainant's home. He had not been invited but his presence was evidently not unwelcome.
At the end of the night, he and the complainant were together in the garage, both affected by alcohol. The complainant's recollection was impaired but she gave evidence that Nohe kissed her against her will before one of her sons came out to take her inside. The indecent assault conviction was based on evidence from the complainant's son, who said he saw Nohe with his hands inside the complainant's clothing, touching her breasts. The complainant was asleep and was said to be unaware of the assault.
Later that night, she woke to find Nohe lying on top of her. As she tried to push him off her, they both fell on to the floor, and the complainant's husband woke up. During a medical examination the complainant was uncertain whether penetration of her genitalia had taken place but at the trial she was adamant this had happened. The jury found Nohe guilty of the attempt only. Nohe's lawyer argued that the nine-year sentence was manifestly excessive.
The man had staggered into the home in a drunken state and what happened was not as close to actual rape as the judge had indicated. The Crown cited another case that had set an 11-year starting point for rape committed during home invasion, and said the judge had considered that Nohe's actions were "close to rape". Though the sentence could be considered at the upper end of the range available, nine years was within the judge's discretion.
The court said the sentence imposed was excessive and that the judge failed to explain clearly the degree to which his starting point reflected increased penalties for home invasion. Nor did the judge make adequate allowance for the fact that rape did not occur.The nine-year sentence was quashed and replaced by a sentence of seven years. The conviction appeal, and the appeal against the concurrent sentence for indecent assault, were dismissed.
Date of Birth
Three Strikes Status
Sentenced to nine years in 2000-01
Reduced on appeal to seven years in June 2001
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Associated Media Links Perry Pono Nohe Appeal Notes
OFFENCES / CONVICTIONS
|Event Date||Event||Court Location||Offence Type||Offence Date||Committed While||Sentence Imposed|
|18-06-2001||Appeal hearing Date is approx||Court of Appeal Auckland||Attempted sexual violation||19-06-1999||7 Years, Imprisonment||▼|