August 02, 2011
Crown seeks preventive sentence for crash-and-grab raider
By Anne Clarkson at Christchurch Men's Prison
The crown has asked for reports to consider an open-ended preventive detention sentence for Edwin John Tuhua, assessed as a high risk offender.
At a Christchurch District Court trial before a judge-alone in December, the 39-year-old was found guilty of charges including house burglaries and indecent assaults on two women he found home alone.
Crown prosecutor Sally Carter asked for the reports in a session in the Christchurch Men’s Prison today, saying Tuhua was classified as a very high risk reoffender.
Judge Raoul Neave ordered the two reports from a psychiatrist and psychologist so the case could be considered for sentence in the High Court which can impose preventive detention.
He remanded Tuhua to September 14 for those reports to be prepared and considered. They will assess Tuhua’s likely future risk.
Tuhua was found guilty of 15 charges including house burglaries, indecent assaults on two women, robbery, and having an offensive weapon.
Tuhua would kick or force doors open, while people were asleep in their houses. He would grab cash, wallets, and handbags and take off within seconds before people could react.
In two burglaries when he found women alone, the crown said he lifted the nightgown and touched one of them, and removed the pyjama pants of the other. He was convicted at trial of indecently assaulting and robbing the women.
Tuhua has usually appeared in court with his hands manacled to a waist-belt. He was handcuffed in court again today and four prison officers accompanied him. He was not cuffed or manacled during his trial, when he represented himself with the help of an amicus curiae (friend of the court), Tim Fournier, who offered legal advice.
Mr Fournier also had the task of cross-examining the two women victims because Tuhua was not allowed to do so himself.
Tuhua told Judge Neave that he wanted a retrial, but was told that he had to be sentenced first and then could appeal to the Court of Appeal.