NZ Herald story here about his appeal refusal
Supreme Court decision here (PDF)
From Waikato Times story 9th March 2005
He called the children he abused story-makers and liars, and told the judge to "stick" his sentence.
Yesterday, convicted paedophile Allan Borley was forcibly removed from the dock in the High Court in Hamilton after being sentenced to preventive detention - with a minimum of five years to be served. The 43 year-old, jailed for 2.5 years in 1999 after indecently assaulting four girls aged between seven and 10, had completed an intensive 40-week child sex-offender rehabilitation programme in jail.
But after getting out of jail and moving to Cambridge, he was accused of preying on children again. Justice Venning said yesterday it was worrying that Borley's offending had escalated in seriousness. His latest victims were younger and he had progressed from indecent assault to unlawful sexual connection.
Borley, 43, was convicted of sexually assaulting sisters, aged three and five. Last December, a jury found him guilty of indecently assaulting a girl under 12 and two counts of sexual violation. "I don't think the community, particularly children, should be put at risk," Justice Venning said. "You pose a significant and ongoing risk to children under 12."
Pre-sentence psychiatric reports said he called the victims "story-makers and liars" and noted a lack of remorse. Following sentence, Borley had to be removed from the dock after yelling obscenities and punching a door. In Act MP Deborah Coddington's 2004 Paedophile and Sex Offender Index, Borley was listed as living in Waiuku. The book said he had been jailed for 2 years 6 months after pleading guilty in 1999 to six charges of indecent assault on four girls aged between seven and 10.
Defence lawyer Gordon Matenga said a finite sentence would be more suitable than preventive detention. Speaking after the sentence, the victims' parents and grandfather said they had pursued Borley through the court so he could not harm other children. When Borley and his family moved to Cambridge, the victims' parents were unaware that he was a convicted sex-offender. Had they known, they said they would not have let their daughters play with Borley's son at his home or use his trampoline. The victims' mother said he did not look like a sexual offender.
Date of Birth
1962 (D.O.B. is approximate)
Last seen in Morrinsville
Three Strikes Status
Sentenced to just 2 years 6 months in 1999 for the earlier offences
Sentenced to preventive detention - but with a non-parole period of just 5 years - in March 2005
He has had the incredible temerity to appeal this sentence!
This has thankfully been unsuccessful
Eligible for release March 2010
Additional Photos & Files
Associated Media Links Allan Borley Appeal Notes
OFFENCES / CONVICTIONS
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