Adrian Francis Downing
The facts of the assault: The summary of facts shows that on the day in question, the defendant was committed to hospital under s 34 (1)(b)(ii) of the Procedure Act and was also a care recipient under the Intellectual Disability Act. At 2.30pm that day he was at Mason Clinic, Mt Albert where the victim in this matter was a female nurse. She took the defendant on an escorted walk out of the clinic grounds. The walk was along a path beside Oakley Creek, Mt Albert and while walking along the path, the defendant picked up from the ground what is said here to be a rock (although elsewhere it is referred to as a brick) saying, “Are you scared now?” The victim tried to use her mobile phone to call for assistance and, as she started to make the call, the defendant struck her with the rock (or brick) on the back of her head, causing her to fall to the ground. He then positioned himself on top of her and with his hands around her neck, pinned her to the ground, preventing her from getting away. He said a number of offensive statements while moving his body, simulating sexual intercourse while on top of her. After a short period, the defendant stated, “I’m coming, I’m coming” and he got off the victim, picked up her mobile phone and ran away.
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