From the Dominion Post 7th October 2006
THE Court of Appeal has imposed what it admits is a "woefully inadequate" sentence on a man who indecently assaulted a girl aged between three and six. However, halving the man's four-year jail term was necessary to reach a sentence that was correct overall, taking into account a nine-year term he was already serving, the court said in a recent judgment.
If Stephens had been sentenced on both sets of charges at the same time it was unlikely a total of 13 years would have resulted. The court said about 11 years would have been correct. The only way to reach a comparable result now would be to impose sentences on the indecent assault charges which were "woefully inadequate" to mark Stephens' blame, court president Justice William Young said. "We are satisfied, nonetheless, that a fair application of the totality principle requires us to take that course."
Kim Stephens had already been sentenced to nine years' jail for kidnapping and raping a 16-year-old girl when the Palmerston North District Court had to sentence him for the two indecent assault charges on the younger girl. The judge had imposed a four-year term, cumulative to the nine years. Stephens appealed against the decision and the Court of Appeal agreed that the two sentences taken together were too long.
Date of Birth
Three Strikes Status
Sentenced to 9 years for the kidnapping and rape charges
A cumulative 4 year term was reduced on appeal to 2 years in September 2006
Additional Photos & Files
Associated Media Links Kim Stephens Appeal Notes
OFFENCES / CONVICTIONS
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