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Victorian repeat rapist gets 19 years
A repeat sex offender who inflicted a "nightmare" on his teenage victim when he broke into her bedroom and violently raped her has been jailed 19 years.
David Best, 55, had pleaded guilty to raping the 17-year-old in 2010 in circumstances similar to those he employed in an attack on another teenager in 1990.
Despite receiving a 14-year sentence for that crime, and refusing to enter a sexual offenders program while in prison, he had been unsupervised on his release.
In sentencing Best to what she said was a disproportionate jail term, County Court Judge Sue Pullen said she had concerns about his prospects for rehabilitation.
"Not even 14 years in jail stopped you committing the offences," Judge Pullen said.
The judge described Best's latest rape as "chillingly similar" to his previous attack on an 18-year-old in her home.
On that occasion Best, then known as David Lakeland, had spied on his victim, waiting for her father to leave the home before breaking in and raping her.
In the latest attack, in September last year, he had spied on the victim up to 20 times before entering the bungalow in which she lived behind her family's Melbourne home, breaking into her locked bedroom and attacking her.
"It is hard to imagine a worse nightmare," the judge said.
Because he failed to undertake the sexual offenders program when previously in jail, Best became ineligible for parole.
When he was released in 2004 there was no requirement for him to be supervised or monitored.
"I was like a free agent again," Best told police in an interview.
Judge Pullen said that despite Best's acknowledgment that he had a problem he couldn't control, she remained unconvinced about his willingness to seek help.
She said her sentencing had taken into account a psychologist's view that Best lacked sincerity in his expressions of regret.
Although he showed an element of remorse, he had made "troubling statements" to police when interviewed, telling them there was "no point of saying sorry".
Best had threatened his victim with a knife and told her he would return if she went to the police.
"Probably in my mind I thought she wouldn't tell anyone," he said in a statement tendered to the court.
He also told police he thought the girl "might get excited" and welcome him back.
Judge Pullen ordered Best to serve a minimum of 16 years.
"Don't let him out to attack again" (30-4-2011) -
David Best pleads guilty to two charges of rape after attack on girl, 17
A sex monster raped and terrorised a 17-year-old girl in her own home after serving 14 years in jail for an almost identical attack against
another teenager, a judge heard today.
Prosecutor Andrew Grant told the County Court that
55, refused to take part in sexual offender programs
while in custody and was released without supervision in October 2006.
In September last year Best entered the bedroom of his second victim, held a knife to her face and raped and
sexually abused her as she pleaded for him not to hurt her.
Mr Grant said that when DNA evidence linked him to the attack Best told police "I couldn't control the urge".
The prosecutor said in 1993 when he was known as David Lakeland, the accused was jailed for 14 years with an 11-year minimum
for bashing and raping an 18-year-old girl after breaking into her home.
Best told police that after he was released after serving his full term: "It was a joke no one was keeping tabs on me.
It was like I was a free agent again".
In a victim impact statement she read to the court today the brave and defiant 17-year-old said Best had violated her and the safety of her home.
"They let you out of jail and you did the same thing again," she told Best.
"You can't be let out again. You can't be allowed to do this to some other person.
"You haven't ruined my life, you have ruined yours. Have fun in jail."
Best, of Mt Waverly, pleaded guilty to two charges of rape and one of aggravated burglary and
accepted they were representative counts of a higher number of sexual acts on the night.
Mr Grant said Best had a long history of peeping Tom behaviour and last year spent months watching
the second victim in her parents' home, from the roof of a car port in a neighbouring property.
Best told police "once you see a chick undressed enough the novelty wears off" and he decided to "take it to the next level".
He said he couldn't believe his luck when he tried the door of the house and found it was unlocked.
It was wet and thundery and he believed if she yelled out no one would hear her and he entered her bedroom armed with a knife and wearing a balaclava.
Judge Sue Pullen described Best's behaviour as appalling.
"This was a repeated violent violation of a young woman in her own home in the most appalling sexual way," she said.
Defence counsel Jason Gullaci said it was clear his client had a serious psycho-sexual disorder and he
would have to go to jail for a significant period of years.
"He concedes that ultimately he was unable to control his urges," Mr Gullaci said.
The pre-sentence plea hearing is continuing.
Herald Sun 29-4-2011
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