Rapist’s ap­peal dis­missed

Manawatu Standard - - NEWS - GE­OR­GIA FOR­RESTER

A rapist jailed af­ter forc­ing him­self on a drug-af­fected woman has lost his ap­peal.

Josiah Colin Paerangi Beam­s­ley’s bid to over­turn his con­vic­tion was dis­missed by the Court of Ap­peal, in a judg­ment re­leased yes­ter­day.

A Palmer­ston North jury found Beam­s­ley guilty of sex­ual vi­o­la­tion by rape and in Jan­uary he was sen­tenced to eight years’ jail.

How­ever, at his ap­peal hear­ing in Welling­ton last month it was ar­gued that Judge Stephanie Ed­wards erred in not declar­ing a mis­trial, and in giv­ing an in­cor­rect and un­bal­anced sum­mary of the de­fence case.

Beam­s­ley met his vic­tim, who was then in her late-teens, on Face­book in De­cem­ber 2014.

They later met, with friends of Beam­s­ley’s in Jan­uary 2015, when they spent the night at Fox­ton. The woman and Beam­s­ley had sex, but af­ter­wards the woman told Beam­s­ley’s fe­male friend that she did not want to have sex with him again.

The next day, Beam­s­ley, the woman, and three other peo­ple at the house smoked metham­phetamine.

Dur­ing the evening, the woman and Beam­s­ley were alone in a shed on the prop­erty. The woman re­called be­ing un­con­scious for a short time and woke to find Beam­s­ley on top of her. The woman pre­tended to be asleep and did not par­tic­i­pate in the sex.

Beam­s­ley was ac­quit­ted of sup­ply­ing metham­phetamine, but a jury found him guilty of rape. Beam­s­ley, how­ever, ap­pealed his con­vic­tion, ar­gu­ing the judge did not de­clare a mis­trial af­ter the pros­e­cu­tor sug­gested in his clos­ing re­marks that Beam­s­ley had in­tro­duced the vic­tim to metham­phetamine.

His lawyer for the ap­peal, Liz Hall, ar­gued the pros­e­cu­tor used lan­guage that could have sug­gested Beam­s­ley in­tro­duced the woman to drugs.

The ap­peal judges dis­missed this, say­ing it was read in con­text and it was made clear that the vic­tim had taken drugs vol­un­tar­ily. There was no risk of a mis­car­riage of jus­tice from the com­ments, they said.

Beam­s­ley also ap­pealed on the grounds Ed­wards had given an in­cor­rect or un­bal­anced sum­mary of the de­fence case. The Court of Ap­peal dis­agreed.

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