July 22, 2010

Bizarre behaviour described at sex attack sentencing

By David Clarkson

Daniel Kinloch Hutt’s efforts to have sex after a bar hook-up at Rangiora have led to a two-year eight-month jail term.

The 25-year-old’s behaviour was described as bizarre at his sentencing in the Christchurch District Court today.

The former machine operator had admitted a charge of assault with intent to commit sexual violation, and three assaults on police who attended the incident.

Defence counsel David Ruth said he rejected the crown contention that the sentence should be increased because of the assaults on the officers. It was all part of the same tense situation that developed over the incident between Hutt and the woman complainant.

Prosecutor Tim Mackenzie said the crown accepted the woman had invited Hutt to her house, but when circumstances changed he had become violent and hostile.

Judge Michael Radford said Hutt had befriended the woman in a bar and went back to her house.

They walked to a bottlestore where he bought alcohol and cigarettes and then returned to her house where they had a couple of glasses of wine on the front porch.

Hutt’s behaviour then became erratic and the woman went inside when he broke a wine glass.

He followed her inside and sat next to her on the couch where he began the assault, pushing and kissing her and pulling down her trousers.

He then undressed, but the woman pulled her clothes on and told him to get out.

He then followed her into the bedroom and again pulled her clothing down. She said she did not want this to happen. “You then lay on top of her, talking about all sorts of matters that indicated a somewhat disturbed state of mind,” said the judge.

He also removed a piercing from her nose.

He then tried to have sex but could not do so, but continued to talk in the same bizarre fashion. He was also unable to force her to have oral sex.

When he went outside, still naked and ranting and raving, a neighbour called the police.

When they arrived, Hutt head-butted two officers and kicked a third.

The pre-sentence report indicated difficulties after his parents separated. He had a significant alcohol problem and other problems with personal relationships.

The judge said there was an element of protecting the public with the sentencing because Hutt had met the woman in a bar.

“It seems to me you were behaving somewhat irrationally,” said Judge Radford.

The two-year eight-month jail term included concurrent sentences for the assaults on the police.