No remorse for rape, burglary
The Crown has argued a Hamilton man failed to show remorse for breaking into a house and raping a woman as she slept on a couch.
Tahere Joseph Ngaheu, 21, was sentenced in Hamilton District Court this week to seven years in prison for sexual violation by rape and burglary.
For offending while on parole, Judge Peter Spiller added four months.
Ngaheu was also issued a first strike warning as rape is a qualifying violent offence.
He was walking along a Nawton street on August 6, last year when he stole items from a car.
He then broke into the house the car was parked in front of.
Inside, he saw a woman who was drunk and asleep on the couch and raped her.
He was inside the house for less than 25 minutes.
CCTV footage showed Ngaheu by the car before entering the house at 3.28am and fleeing at 3.52am.
The victim had been sleeping on the couch of a friend after a night out drinking.
In the morning, the victim woke to find her underwear had been removed.
Her friend's children were then woken as the victim's iPad was missing. She then went outside and noticed that her car had been broken into and her handbag and cellphone taken.
After checking CCTV footage, they saw Ngaheu leave the house before rummaging through two bags while sitting outside and then leaving.
DNA was used to help make Ngaheu's arrest.
In the Hamilton District Court on Wednesday, Crown Prosecutor Truc Tran said there was a mixture of premeditation and opportunism in what happened.
Ngaheu carried out his offending while the victim was comatose on the couch. The incident had left her "scarred for life".
Ngaheu had five previous convictions, the most serious of which was an aggravated robbery from 2010.
Tran said Ngaheu was also subject to prison release conditions at the time which required an uplift in sentencing.
Tran said there had been no remorse shown from Ngaheu. "All he is worried about is what he is going to be doing in prison."
Ngaheu's counsel said there was no violence in her client's offending and as such it should be viewed as less serious. However, she accepted that there should be an uplift for offending on parole, but not for committing the burglary itself.
Ngaheu should also get a discount because the victim didn't have to face the trauma of going to trial.
Judge Spiller accepted there had been a significant effect on the victim which included panic attacks and using alcohol and drugs.