A man who raped and sexually violated an intoxicated young woman he found sleeping in a student flat he burgled, has been sentenced to 7 years' jail - with a minimum non-parole period of 3 years.
Matthew Guy MacLaurin (26) was before the Dunedin District Court yesterday. He had been convicted of raping and sexually violating the 20-year-old victim, burgling the Cumberland St flat where she was sleeping, assaulting her boyfriend, and burgling an Ellis St flat, on July 31 last year; being in a Richardson St address, on June 21; and drink-driving (98mg) on May 9.
For rape and sexual violation, Judge Stephen O'Driscoll imposed 7 years' jail. The burglaries brought two-year jail terms; assault and drink-driving, six-month terms; and the Richardson St offence, two months (all sentences concurrent). He was also disqualified from driving for two years.
The judge directed MacLaurin to serve at least 50% of the 7 years' jail.
Judge O'Driscoll said MacLaurin began drinking at a North Dunedin tavern about 5.30pm on July 30. He became irrational and quite aggressive, so a young woman with him left him in the student area, about 10.30pm.
Over the next few hours, MacLaurin walked into several student flats, striking up conversations with occupants.
Just after 1am, he burgled an unoccupied flat in Ellis St and stole items which he hid in nearby bushes.
About an hour later, he went into a Cumberland St flat and began loading laptops, a printer, food and clothing from bedrooms into a stolen bag.
In a downstairs bedroom, he found a 20-year-old woman asleep. She had been put to bed after becoming grossly intoxicated at a nearby party.
The offending then took place.
The woman was unaware of what was happening. But her boyfriend came into the bedroom and challenged MacLaurin, who punched him once.
After a short argument, MacLaurin left, taking the stolen property which he had hidden nearby.
About 2.30am, a Campus Watch member asked MacLaurin to leave the area because of his behaviour.
However, about an hour later, MacLaurin returned to a Cumberland St flat. He was recognised by the victim's boyfriend. Other people spoke to him and when they found some of their property in his possession contacted police.
Crown counsel Craig Power contended a sentence of 7 years' jail was appropriate. He spoke of the victim's vulnerability and the significant effect on her. Her boyfriend was also affected.
MacLaurin was assessed as at high risk of reoffending, he said.
Counsel Campbell Savage submitted MacLaurin was "deeply remorseful".
Judge O'Driscoll said the offending had affected the victim physically and emotionally.
"I'm sure you cannot appreciate the magnitude of the consequences of your offending on her," he told MacLaurin.
Aggravating factors were MacLaurin unlawfully entering the flat where the young woman was, the extent of harm to her, and her vulnerability in being asleep and unconscious.
Entry to the building was premeditated. He also returned to the building, the judge said.
Aggravating factors relating to MacLaurin were the three separate lots of offending (May, June and July) and that he was on bail at the time of the July matters.
The drink-drive conviction was MacLaurin's sixth for such offending. In mitigation, MacLaurin had pleaded guilty and saved the victim and other witnesses having to give evidence. He had also written a letter of apology.
"You have said you are remorseful and genuinely sorry. But nothing can change what you did on this night."
The judge said MacLaurin needed to address alcohol and sexual issues. In custody for the past 10 months, MacLaurin had had time to reflect on the enormity of his offending. To his credit, it seemed he did not blame alcohol or mental health difficulties.
