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A NORLANE rapist will spend three more years behind bars after the Victorian Court of Appeal yesterday ruled his original sentence "so inadequate". Joshua Andrew Maynard was sentenced to nine years' jail, with a minimum of six years, after an appeal by the Crown prosecutor, who argued the 20-year-old's punishment was too lenient. Maynard's 15-year-old victim, who was fuming after her attacker's first sentence of six years, said the longer jail term was not enough. "It's disgusting. He can stoop that low and ruin the lives of others and only get nine years," she said. "I will have to deal with what he done to me for the rest of my life. He has turned my world upside down." Court of Appeal judges Robert Redlich, David Ashley and Murray Kellam said in their judgment the 15-year-old girl was walking home from netball in Norlane when Maynard raped her in August, 2007. "He put up his left hand, put it on her mouth and showed her that he had a knife," the judgement said. "He then said `don't scream or I will kill you'. "Throughout her ordeal the victim was pleading to be allowed to return home." Three months later, Maynard attacked a 21-year-old woman in her Norlane home and tried to rape her, also at knifepoint. The judgement said after a struggle with her attacker she broke free and ran to her neighbour's house. Maynard last year pleaded guilty in the County Court to one count each of rape, armed robbery, aggravated burglary, indecent assault and recklessly causing serious injury. The judgement said Maynard's original sentence was "so inadequate" it demonstrated "plain error" in sentencing. The judges said Maynard had a history of failing to comply with court orders. "By his own admission these offences were committed whilst he was under the influence of drugs," they said. The court was told Maynard was expelled from school in Year 8 for fighting and when he left home at 15 he started drinking and taking drugs. AAP (12-6-2009) Aleks Devic |
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A NORLANE rapist's jail sentence should be tripled to at least 12.5 years, the Supreme Court of Appeal was told today. The prosecution argued for the first time in Victoria's history that rape sentences involving victims under 16 years of age were too lenient and that there was an over-reliance on previous sentences handed down. Joshua Andrew Maynard, 20, last year pleaded guilty in the County Court to one count each of rape, armed robbery, aggravated burglary, indecent assault and recklessly causing serious injury. He was sentenced to a maximum of six years but was eligible to be released after serving four years. The 15-year-old rape victim was walking home from netball training when the attack happened in August 2007. Maynard raped her, put a knife to her throat and threatened to kill her if she screamed or looked back after he fled. Defence barrister Patrick Tehan said Maynard had little chance of rehabilitation but because of his youth he deserved the chance. "This man needs to be rescued from a life of drink and drugs and life on the street. He needs help," Mr Tehan said. Crown prosecutor Gavin Silbert said Maynard's crimes were serious and the law permitted him to be jailed for a maximum of 25 years. "Sentencing for that (sexual relationships with children under 16) are appallingly low and need to be increased," Mr Silbert said. The three Court of Appeal judges will hand their decision down at a date to be fixed. Geelong Advertiser (10-2-2009) Aleks Devic |
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PROSECUTORS will fight to increase Norlane rapist Joshua Maynard's jail sentence for his brutal attacks on a 15-year-old girl and a 21-year-old woman. Maynard, who followed the teen home from a netball match and raped her at knifepoint in a park last August and indecently assaulted the second victim three months later, could be released from jail in three years. Director of Public Prosecutions Jeremy Rapke QC yesterday said Maynard's six-year sentence, with a parole period that makes him eligible for release in November 2011, was far too lenient for the severity of his crimes. "After careful consideration, I have reached the view that the sentence passed in this particular matter does not sufficiently reflect the seriousness of the offending," he said, as he revealed his office would appeal the leniency of the rapist's jail sentence. Mr Rapke said the appeal would be part of a broader crusade against soft sentences for convicted rapists. "Furthermore, I have been troubled by the recent sentencing trends in respect of the crime of rape and have decided to raise this issue as a separate ground of complaint in the appeal," he said. "As the appeal has now been filed in the Court of Appeal Registry, it is inappropriate to say more about the matter at this stage." The rape victim's mother said she hoped the appeal would lead to a tougher sentence. "Very good. That's great news," the mother said when the Geelong Advertiser told her an appeal had been lodged. She said she doubted whether having to attend court for a second hearing would worry her daughter. "That part is the easy bit, just as long as he gets the proper conviction. It was disgusting, the first one, but they could turn it all around, which is great," she said. "It (the initial sentence) was just a slap in the face. No one should go through that and that lenient sentence was ridiculous. Hopefully the girls will get some justice." The second victim said she and the 15-year-old would continue to support each other through the legal process. Her only worry was an expected six-month wait for the appeal hearing. "The only thing that concerns me is the recovery process will drag on for another six months," she said. "I missed out on the sentencing but this might provide a bit of closure. I'm hoping he gets longer." Maynard, 20, was sentenced last month for the attacks. Victims of crime advocate Noel McNamara petitioned the Office of Public Prosecutions to appeal against the leniency of Maynard's rape sentence. "I think it's the right result. The sentences handed down by some of these judges are just disgusting," he said. AAP (9-10-2008) Daniel Breen |
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Police yesterday issued this identikit picture of the rape suspect. POLICE have released the image of a man who raped a teenage girl at knifepoint in Norlane West on Wednesday night. And they say they're confident of catching him. The 15-year-old girl was on her way home alone from a netball game at Corio Leisuretime Centre when she was attacked from behind by a man armed with a knife about 7.30pm. Detective Acting Sergeant Eric Harbis, of the Sexual Crimes Squad, said it was believed the sexual assault occurred in open parkland behind the netball courts. "She heard footsteps behind her and then saw a man coming at her with a knife," Det-Sgt Harbis said. The man allegedly pushed her to the ground and held the knife to her throat. Det-Sgt Harbis would not reveal the type of knife, but he said the girl's ordeal lasted a few minutes. She then ran home and raised the alarm. The man also stole her mobile telephone, leading police to appeal for anybody who found a pink Motorola V3 Razor to contact them. Police were unable to say if there were any netballers at the courts when the attack occurred. The girl was taken to the Royal Children's Hospital Gatehouse Centre, a unit for sexual assault and rape victims, for treatment and counselling, but was back home in Geelong yesterday. "She's in the care of her parents and family friends," Det-Sgt Harbis said. "She is coping well at this stage and is strong. She has suffered a severe traumatic experience which will be with her for a very long time." The girl did not suffer any physical injuries. Police are still establishing which direction the man came from. He is described as aged 19 or 20 and about 173cms tall. He is of slim build with a thin face and strawberry-blond hair. A police dog squad searched the area on Wednesday night while detectives doorknocked nearby homes and conducted a line search at the scene yesterday. "We are working around the clock and will solve this matter," Det-Sgt Harbis said. "We are always confident." He said the incident was a reminder that people needed to be vigilant and cautious of their surroundings. Police will set up an information caravan at Bell Post Shopping Centre at 10am today in a bid to gain any more information about the rape. Anyone with information should telephone Crimestoppers. AAP (17-8-2007) Julie McNamara |
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