NOTE: PUBLICATION OF NAME(S), ADDRESS(ES), OCCUPATION(S) WORKPLACE OR IDENTIFYING PARTICULARS OF COMPLAINANT(S) PROHIBITED BY S 203 OF THE CRIMINAL PROCEDURE ACT 2011. SEE
IN THE HIGH COURT OF NEW ZEALAND DUNEDIN REGISTRY
I TE KŌTI MATUA O AOTEAROA ŌTEPOTI ROHE
CRI-2021-412-8
[2021] NZHC 3155
BETWEEN DWAYNE DOUGLAS KEATS
Appellant
AND
THE QUEEN
Respondent
Hearing: 4 November 2021 Appearances:
D J More for the Appellant J A Eng for the Respondent
Judgment:
22 November 2021
Reissued:
1 February 2022
JUDGMENT OF OSBORNE J
This judgment was delivered by me on 22 November 2022 at 3.30 pm
Registrar/Deputy Registrar Date:
KEATS v R [2021] NZHC 3155 [22 November 2021]
[1] Dwayne Douglas Keats was convicted on six charges of rape1 and four charges of unlawful sexual connection2 by Judge M A Crosbie after a judge-alone trial.3 He was acquitted on one charge of unlawful sexual connection. One further charge each of rape and unlawful sexual connection were dismissed and Mr Keats was deemed acquitted.
[2] Mr Keats was sentenced to 15 years’ imprisonment with a minimum period of imprisonment of eight years by Nation J earlier this year.4
[3]Mr Keats appeals his convictions.
Factual background
[4] Mr Keats was from October 2016 on electronically monitored parole flowing from a sentence of eight years’ imprisonment imposed on 12 March 2010 for sexual violation by rape.
[5] The Crown alleged Mr Keats sexually violated the complainant (Ms A) on numerous occasions between 2 February 2017 and 16 March 2017. She was 45 years old. Mr Keats met Ms A through his work in November 2016. He developed intimate feelings for her and began asking her out on dates. There was no dispute that Ms A had been sexually attacked by an unrelated third party prior to the offending. Initially Ms A declined Mr Keats’ advances as she did not want a relationship. The following summary relates the findings made in the District Court.
Charges 1 and 2 “the couch incidents”
[6] The first tranche of offending, “the couch incident”, occurred on 2 February 2017 when Mr Keats went to Ms A’s home address in Dunedin after phoning her beforehand to say that he was coming around for a cup of coffee. Ms A was on the couch in the lounge and Mr Keats began kissing her. He pulled her tights and pants off and began raping her. She fought him and protested but he persisted. Eventually
1 Crimes Act 1961, ss 128(1)(a) and 128B; maximum penalty 20 years’ imprisonment.
2 Crimes Act, ss 128(1)(b) and 128B; maximum penalty 20 years’ imprisonment.
3 R v Keats [2020] NZDC 15884 [the Judgment].
he pulled out before ejaculating. He put his penis in her mouth and forced her to perform oral sex on him by grabbing her head with his hands and moving it. He then began raping her again. He finally stopped when she said “please Dwayne stop!”. From “the couch incident” Mr Keats was charged with charge…
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