Rapist abuses sentencing judge

BELINDA FEEK
Last updated 15:51 07/12/2012

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A man swore at a Hamilton judge after being sentenced to nine years' jail for rape.

Ivan Nicholas Terry, 42, was sentenced today after being found guilty after a two day retrial in the Hamilton District Court in September.

He has since indicated he intends to appeal the conviction.

In March this year, Terry was found not guilty of several charges while the jury returned a hung verdict on the rape charge.

The incident occurred when the victim, who had been living in the South Island up until then, came to visit in 2007 and decided to stay on longer.

Terry's counsel, Bruce Hesketh, said the incident was a one-off and Terry had never offended in that way before.

He said the Terry's frustration and anger about the verdict had come through in a pre-sentence report which described him as having no insight or remorse and at being a high risk of harm to others.

However, Mr Hesketh said Terry did have a ''great level of sadness'' about what happened.

But Judge Merelina Burnett said there were no mitigating features of Terry's case, rather they were all aggravating and included the ongoing effect on the victim and the victim's age at the time - 13.

''Some (mitigating features) are not relevant and some of them are not accepted by me, for example, that there was no pre-meditation ... he waited until she was alone.''

In handing down a nine-year sentence, she also added a minimum non-parole period of four-and-a-half years after noticing the man's comments in the pre-sentence report: ''If she's out there, the little bitch, she's full of it.''

As the man was lead out of the dock, he repeatedly yelled out ''f*** you'' to Judge Burnett, followed by ''f*** you, you got it wrong''.

Judge Burnett formally noted Terry's remarks.

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