Rapist loses jail appeal

A man who blackmailed three girls and raped one of them has lost an appeal to reduce the minimum amount of time he spends in prison.

Last December, Shaun Hart pleaded guilty to two charges of rape of the same girl and five charges of blackmailing three girls, all of whom were under 18. The girl he raped was 13.

In February, Hart was sentenced in the High Court in Hamilton to nine years and two months in prison with a minimum period of four years and seven months - 50 per cent of the prison sentence.

He appealed the minimum period of imprisonment, saying Judge Paul Davidson failed to take into account his age, the impulse of youth and prospects of rehabilitation.

Counsel for Hart, Charles Bean, told the Court of Appeal of New Zealand the sentence failed to take into consideration age-related neurological differences between young people and adults.

Young people are more vulnerable and susceptible to negative influences and outside pressures, he said. They are more impulsive. He told the court Hart should be eligible for parole after serving 33 per cent of his sentence.

In their judgment, Justices Rhys Harrison, Graham Lang and Rebecca Ellis said Hart’s offending justified the minimum period of four years and seven months handed down.

‘‘Such a sentence would have been inevitable given the culpability inherent in raping a 13-yearold girl,’’ they said. They disagreed Hart’s actions were impulsive.

‘‘His offending was sophisticated and manipulative, negating any suggestion of immaturity or youthful impulsivity. It continued for over a year and was deliberative, exploitative and calculated.’’

All of Hart’s offending took place in 2015 and 2016 when he was 17 and 18 in a Waikato town. In June 2015, Hart met a 17-year-old girl online. She was living outside the Waikato at the time.

He convinced her to send him semi-nude photos of herself. She did so on the proviso that he delete them. However, once he had them, Hart threatened to post them on other social media sites if she did not send him more sexually explicit material. Reluctantly, she sent Hart 20 photos and 20 videos.

She complained to police. Hart was referred to the youth justice system, but failed to complete counselling with the Safe Network in Hamilton, an organisation which works with people who exhibit harmful sexual behaviour.

In June 2016, Hart met his second victim online. She was 13. He coerced her into sending him nude images, threatening that he would reveal sensitive communications to others. His demands escalated. He wanted her to go to his house and kiss him. She did so, but returned to school. He renewed his threats by text. She returned and, against her will, ‘‘participated in penetrative sex’’ with him. It was her first sexual encounter.

Two days later, he repeated his demands. She cried when she told him she did not want to have sex with him, but relented. He raped her again. She returned to school distressed. In July 2016, Hart made contact with a 17-year-old girl and used the same strategy of coercion and blackmail.

He threatened to post photos of her on social media and tell her family. She agreed to meet at the arranged place to perform sexual acts.

She reported it to police, identified Hart from his Facebook profile and he was arrested at the meeting place.