Stephen James Waby
From the Southland Times 6th March 2008
A Te Anau man was found guilty on two charges of rape after appearing in theInvercargill District Court yesterday.
Stephen James Waby, of Te Anau, faced two charges of sexually violating a woman by rape in Te Anau on January 29, 2006. The Crown's case was the complainant did not consent to the sex, while the defence argued the complainant was lying about the rape. The alleged rape happened after the pair left a party in Te Anau. Waby was remanded in custody until April 10 for sentencing.
From the Southland Times 11th April 2008
A 26-YEAR-OLD Te Anau man was yesterday sentenced to nine and half years' jail on two rape charges. Stephen James Waby appeared for sentence before Judge Kevin Phillips in the Invercargill District Court after a jury found him guilty of the charges relating to an incident on January 26, 2006. Judge Phillips said Waby had been consuming alcohol at a party where he formed an attraction to the complainant. Waby walked with the woman when she left the party to go home and on the way told her he wanted to go to his house for "cuddles" , Judge Phillips said. "She told you that she was in love with another man and didn't want that from you at all."
Waby had helped lift the woman over a fence to a school ground, a shortcut to her home, and then he asked her for a kiss, to which she finally relented, kissing him on the cheek, Judge Phillips said. Waby had then pushed the woman to the ground and raped her, the judge said. Waby then pushed the woman to the ground a second time and raped her again, telling her that he didn't care if he got done for rape, Judge Phillips said. Waby had also threatened the woman and demanded that she show him her breasts, the judge said. Waby's contention that it had been consensual intercourse had been rejected by the jury, Judge Phillips said.
Waby's difficulties stemmed from head injuries he suffered at age 3 and from motor vehicle accidents, and his use of alcohol and drugs led to violent acts, Judge Phillips said. The incident had deeply affected the complainant, who had been harassed in the street by friends of Waby, he said. In her victim impact statement the woman said she did not feel safe or that she could protect her son. The only mitigating factor in the case was Waby's mental incapacity. As well as sentencing Waby to nine and half years' jail, Judge Phillips remitted outstanding fines of $22,673.13 and cancelled an existing community work sentence. Judge Phillips also made an order that Waby be referred to the prison's psychological services.
Date of Birth
Repeated sexual violation of a Te Anau woman in January 2006
A lengthy list of previous convictions for burglary, drink driving, interfering with a vehicle, possession of utensils, hindering police, damaging a car, offensive behaviour, threatening behaviour, possession of ammunition and a firearm, unlawfully carrying a firearm, possessing a knife, intimidating with intent, depositing dangerous litter, possession of cannabis, possession of cannabis seeds, possession of a cannabis pipe, possession of a knife with intent to cause injury, threatening to do grievous bodily harm, theft, theft of a firearm, intentional damage to separate properties, receiving stolen property etc etc
Sentenced to 9 years 6 months in April 2008, parole eligibility after 3 years 2 months
Additional Photos & Files
Associated Media Links
OFFENCES / CONVICTIONS
|Event Date||Event||Court Location||Offence Type||Offence Date||Committed While||Sentence Imposed|