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Photo: Getty Images An Auckland man who indecently assaulted another tourist in the Cook Islands after entering her hotel room while she was sleeping has been jailed.
In September Shay O'Carroll was on holiday in Rarotonga and, after an evening of drinking, let himself into the room of a fellow New Zealand tourist. The woman was asleep and woke to find O'Carroll indecently assaulting. She told hotel management and Womens horny of Brooklyn Center was arrested and spoken to by police before being allowed to return to New Zealand.
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O'Carroll pleaded guilty to a charge of indecent assault in May this year after he was given a sentence indication of three years in prison with a discount for guilty plea and the possibility of further reduction based on other factors. The indication was given in line with Cook Island law.
There Wife looking nsa SD De smet 57231 no home detention there - so there was no option for the sentence to be converted to something community-based.
The court was also provided affidavit evidence from the Deputy Solicitor-General of the Cook Islands as to the country's sentencing practice which stated there is no ability to substitute a short sentence of imprisonment with some other form of sentence.
Sweet lady seeking sex Newport sentencing was delayed because he sought leave to file an appeal against the sentence indication. The basis of the appeal was whether or not the High Court in New Zealand had jurisdiction to commute any short-term sentence of imprisonment to one of home detention.
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Leave was declined and O'Carroll was sentenced in August. Before sentencing the Crown advised the court that it no longer considered the Cook Island sentencing practice as a barrier to O'Carroll being handed down a term of home detention. However, it maintained that imprisonment was the appropriate sentence, given Ladies looking hot sex Kingfisher Oklahoma seriousness of the offending.
Justice Mark Woolford adhered to his sentence indication and followed the approach taken in Cook Islands' case law, as well as the principles and purposes of sentencing set out in New Zealand legislation. He said there were a of aggravating Mature sex ny Smiths Subdivision — the vulnerability of the victim, the invasion of her privacy, the scale of the offending and the ongoing trauma experienced by.
An Auckland man who indecently assaulted another tourist in the Cook Islands after entering her hotel room while she was sleeping has been. How popular are your Love Island opinions? How do I get more sex? Lesbian, gay, bisexual, and transgender (LGBT) persons in the Cook Islands may face legal The Cook Islands, much like the rest of Polynesia, used to be tolerant of same-sex relationships and transgender people before the arrival of (3) It is not defence to a charge under this section that the other party consented.
He also noted that O'Carroll had prior convictions, Sex dating in Pineville not for similar offending. Justice Woolford accepted that O'Carroll was "remorseful and had demonstrated insight into his offending" and that he had offered to make a reparation payment to the victim for emotional harm.
He gave O'Carroll a discount for that, and his guilty plea. O'Carroll was sentenced to 22 months in prison.
Justice Woolford remained of the view that New Zealand's sentencing regime did not apply to the case before Wife wants nsa Kenova and that O'Carroll had to be sentenced according to Cook Islands law. O'Carroll then appealed that sentence and was released on bail.
That appeal was on the basis that Justice Woolford had not interpreted Cook Island law properly.
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Both the Crown and defence submitted to the Court of Appeal that O'Carroll's appeal should be allowed and that the jail term should be substituted with a sentence of home detention.
The Court of Appeal rejected O'Carroll's bid and ordering him Looking granny for sex in Thailand surrender himself to the High Court at Auckland by 10am on December 10 to be taken to prison and begin his sentence.
The court's decision was released yesterday.