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.

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