R v Prasad [2017] NZDC 11848 (31 May 2017)

Last Updated: 18 October 2017

EDITORIAL NOTE: PERSONAL/COMMERCIAL DETAILS ONLY HAVE BEEN DELETED.

IN THE DISTRICT COURT AT CHRISTCHURCH

CRI-2015-009-010577 [2017] NZDC 11848

THE QUEEN

v

_{DAVID FARHAN PRASAD}

Hearing:	31 May 2017
Appearances:	.
Judgment:	31 May 2017

_{NOTES OF JUDGE R E NEAVE ON SENTENCING}

[1] Mr Prasad, you are for sentence having pleaded guilty to charges of male assaults female, assault with intent to injure and sexual violation by unlawful sexual connection.

[2] These events, whilst they occurred on the same day over the evening of

6 November 2015, I have already considered that there is no connection between the violence offences and the sexual offences which would have made that a much more serious piece of offending.

[3] The circumstances were that the two complainants were at a fireworks display on Guy Fawkes night in 2015. Having caught the bus back to [location deleted] went to the local McDonald’s and their journey after that took them past a house where people were socialising. You were a member of that group, together

_{with some people who have already been dealt with.}

R v DAVID FARHAN PRASAD [2017] NZDC 11848 [31 May 2017]

[4] One of the complainants [personal details deleted] and was insulted when called [insult deleted] Mr Wealleans did that. She shouted back. An altercation developed between him and the victim. She was then punched, firstly, by your co-offender and then by you, for no reason at all that I can see.

[5] You came up to the same complainant and began talking to her. You told her that you liked her breasts. She decided she needed to go to the toilet and you offered to walk her there only to discover that the toilet block was locked. You suggested you sit down and talk. She began to feel uncomfortable and said she wanted to go back.

[6] She tried to leave but fell over as a result of an accident with her skirt. Then you got on top of her and kissed her. Out of fear she kissed you back and then tried to leave. You said, no, put your hand on her leg, used the weight of your body to press her into the ground and proceeded to have sexual contact, by way of introducing your finger or fingers into her genitalia. Subsequently her associate was pushed to the ground by someone, not you, but you then joined in and began to kick her around the head and body area.

[7] You are only aged 19 but you have already got an unenviable list of previous convictions. There is already a robbery charge which arose on the same night and which, I think coincidentally, I sentenced you in August of last year. Prior to that you had numerous convictions including convictions for violence and dishonesty, trespass in the Youth Court. So I cannot give you any credit for age and good character because you have exhausted that by your continual law breaking.

[8] The sentence indication I gave placed the sexual connection charge at three years and that could arguably be said to be generous but because the violence was unrelated and serious, nonetheless an additional penalty was warranted and a

12-month sentence was imposed that would be cumulative on the three-year but which also reflected that your role in the violence seemed less than your co-offenders. That gave me a starting point of four years, minus the credits to which you would have been entitled once the matters were investigated.

[9] Your offending is becoming increasingly serious which is a matter of some concern. The pre-sentence report indicates you are a high-risk of re-offending and a high-risk of causing harm to others in the course of that offending. You are assessed as being impulsive and having an opportunistic nature. Basically you will take the chances when they present without thinking about the consequences and having a strong sense of being entitled to behave as you do. You clearly have a very poor choice of associates judging by what I have already referred to. I do not detect any remorse or acknowledgement of responsibility in the pre-sentence report and that seems to me to echo the comments that were obviously present when I sentenced you on the robbery charge.

[10] However, you have told the pre-sentence report writer that you are not impressed with your behaviour on this night and prior to that; that you recognise the need for change and are motivated and willing to engage with any counselling or treatment that might be on offer. Mr Green points out to me today, that you have already engaged in the limited way that is obviously possible whilst on remand. That is no criticism of you; that is just simply you have taken advantage of the opportunities that present.

[11] You have described your activities as out of character, which is true in the sense that you do not have a lengthy history of violence but, nonetheless, there is a long history of you clearly feeling entitled to act in a way which advances your interests and nobody else’s. Clearly, your decision making needs to improve.

[12] The recommendation in the pre-sentence report is that you engage in psychological assessment or treatment while in custody and I would certainly urge the prison authorities to do everything they can to make sure that that assistance is provided.

[13] You are entitled to credit in my view for those steps that Mr Green has referred to me today, as showing what is referred to in the report is a genuine desire to make some changes. If you do not want to keep getting longer and longer terms of prison that is a pattern that is going to have to continue. I will give you credit of three months for that. You pleaded guilty at the first opportunity once the charges

were amended. I will give you credit for that as well and you will get the maximum credit that is available for that, which I am rounding up slightly.

[14] From 48 months, which is four years with which I started, you will get three months credit as I have indicated which brings it down to 45 months.

[15] Before I go on to finish I should note for the sake of the record, that I have read the victim impact statements and obviously they give a clear indication of the effects that your behaviour has had on the victims.

[16] You are entitled as I have said to the maximum credit of one-quarter for your plea, which for 45 months is just over 11 months, which would be just under

34 months. I will round that down to 33 months.

[17] On the two violence charges, you are convicted to six months imprisonment concurrent with each other and concurrent with the two years and nine months which I am imposing on charge 2, which is the unlawful sexual connection. The total sentence is two years and nine months imprisonment.

[18] That means your release terms will be for the Parole Board to consider in due course.

[19] There will be a final order suppressing the names of the complainants, but not because I think it is particular necessary over and above the statutory limitations on that, but if it is being made in relation to sentencing on another matter I do not want to do anything to undermine that order.

R E Neave

District Court Judge