Man given extra jail time for historical sex offending

DAVID CLARKSON
Last updated 12:02 17/12/2012

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A retired farmer will now serve almost nine years in prison for historical sex offending against three girls.

Name suppression was lifted on Malcolm Charles Gamble, 69, in the High Court in Christchurch today after Justice Fogarty added three and a half years to Gamble's prison sentence.

Gamble was jailed for five years and five months in 2008 after admitting offending sexually against two girls, and had a High Court jury trial last year involving a third girl aged between 12 and 16 when the offending occurred in the late 1960s.

He was found guilty and sentenced to a further three and a half years by Justice French, but the conviction was overturned by the Court of Appeal and a retrial was ordered.

Justice Fogarty said the new trial was held because the Crown had originally charged Gamble with representative counts of indecent assault and rape.

The Court of Appeal ruled that charges relating to particular allegations should be included where possible, and that was done for the second trial this year.

Gamble was acquitted on two charges of rape but found guilty on two representative charges of indecent assault and four charges of rape, including two that were representative. Representative charges require the Crown to prove that the offence took place at least once.

The offending took place over about two and a half years.

Defence counsel Tony Greig suggested that a reduced sentence should now be considered because Gamble had Parkinson's disease and would be best looked after by his wife at home, rather than in prison.

Crown prosecutor Claire Boshier argued that the sentencing should be increased because the jury's verdicts had effectively convicted him of more offending, but Justice Fogarty said he was not in a position to be able to conclude that.

He decided to impose the same cumulative three and a half-year sentence that Justice French had imposed last year, and he did not believe Gamble's deteriorating mental state should be included as a factor in the sentencing.

 

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- The Marlborough Express

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