Convicted murderer appeals sentence
Convicted killer Jaden Stroobant will appeal his preventive detention sentence with his lawyer calling it ‘‘manifestly excessive’’.
Stroobant was last month jailed for life for the sexual violation and murder of his elderly neighbour Cun Tiu Xian.
Tian, 69, was beaten to death by Stroobant at the Te Atatu Peninsula, Auckland, home she shared with her daughter and son-in-law.
During the attack Stroobant, then 19, stomped on the woman’s head, and sexually violated her while she lay dying.
He then made off with various items in her home including foreign cash and a gold watch.
For the murder charge Stroobant was sentenced to life with a minimum non parole period of 17 years, and for the charges of sexual violation a sentence of preventive detention with a minimum period of 10 years.
Effectively he has been jailed for an indeterminate period.
The Court of Appeal confirmed an appeal against the sentence was filed on June 13.
A hearing date for the arguments to be heard has yet to be set.
Stroobant’s lawyer Emma Priest said only the preventive detention sentence for the sexual offences would be appealed.
She said the sentence was out of line with other cases.
‘‘The result was a manifestly excessive sentence so far as the (preventive detention) applies, in our submission,’’ she said.
The exact grounds of appeal were still being formulated.
She said key aspects were his age, guilty plea, and his lack of rehabilitation opportunities.
At Stroobant’s sentencing at the High Court at Auckland in May Justice Graham Lang heard Stroobant had been released from prison just five weeks before the murder.
He had a criminal history mostly consisting of burglary, driving offences, and receiving stolen items.
On June 19 Priest said the longest Stroobant had been jailed for previously was six months, and this would also be an aspect of the appeal.
The murder sentence was not being appealed so the overall sentence will remain the same, Priest said.
Convicted killer Jaden Lee Stroobant.