A Mongrel Mob associate who kidnapped a teenage girl at knifepoint, cut off her underwear and repeatedly raped her has avoided an indefinite prison sentence despite psychologists ruling there is a "high risk" he will reoffend.
Cortney Smyth, 21, was instead sentenced to 13 years' jail after pleading guilty to a raft of charges relating to the rape and sexual violation of a 17-year-old girl in December last year.
He will be eligible for parole in eight years.
Smyth attacked his teenage victim, who he did not know, after following her in the car park at the Lynn Mall in Waitakere, getting into her car and holding a knife against her throat.
He tied her hands, forced her into the boot and drove to Pokeno, south of Auckland.
Smyth cut off the girl's underwear with a knife and repeatedly raped her while calling her a "bitch".
At one point he made her vomit and hit her on the head while she threw up.
In the Auckland High Court on Tuesday, Justice Rebecca Ellis described his crimes, which took place over six hours, as "horrible" and "dreadful."
"The things you did are so unspeakable that she has not even been able to tell her mother about them," she said.
"I hope that one day you will be able to begin to imagine just how much hurt you have caused and how much harm you have done to her - physically, emotionally and also financially."
Despite Smyth's criminal record listing 24 previous convictions, Justice Ellis said none were "particularly similar" to the rape.
She ruled out an indefinite sentence of preventative detention based on Smyth's youth and because he had never been treated for sexual offending.
A psychologist said it was not clear if such treatment would be effective, but if not Smyth would present a "high to very high risk" of re-offending.
Smyth, who became involved with the Mongrel Mob as a child and suffers from intellectual disability and a personality disorder, will be eligible for release in 2021.
Date of Birth
1992 (D.O.B. is approximate)
Three Strikes Status
Eligible for parole after 8 yrs.
Additional Photos & Files
Associated Media Links Cortney Smyth Sentencing Notes Rapist avoids indefinite sentence
OFFENCES / CONVICTIONS
|Event Date||Event||Court Location||Offence Type||Offence Date||Committed While||Sentence Imposed|
|13-8-2013||Sentencing||High Court Auckland||Sexual violation by rape||7-12-2012||13 Years, Imprisonment||▼|