NOTE: PUBLICATION OF NAME, ADDRESS, OCCUPATION OR IDENTIFYING PARTICULARS, OF COMPLAINANT PROHIBITED BY S 203 OF THE CRIMINAL PROCEDURE ACT 2011.
IN THE HIGH COURT OF NEW ZEALAND AUCKLAND REGISTRY
CRI-2014-044-1222 [2016] NZHC 1957
THE QUEEN
v
SATYAM SIVAM CHETTY
Hearing: 4 - 8 July 2016 Appearances:
J Murdoch for the Crown
S Lance for the DefendantSentence:
22 August 2016
SENTENCING NOTES OF MUIR J
Counsel/Solicitors:
J Murdoch, Meredith Connell, Auckland
S Lance, Barrister, Auckland
R v CHETTY [2016] NZHC 1957 [22 August 2016]
Introduction
[1] Mr Chetty, you appear before me today to be sentenced in respect of one charge of sexual violation by rape for which you were found guilty by a jury on
8 July 2016. That same jury acquitted you on a charge of sexual violation by unlawful sexual connection. I am required to set out for the purposes of these sentencing notes something of the factual background, which I now do.
Factual background
[2] On 10 March 2014 the complainant, who I will refer to simply as MT throughout for the purposes of her anonymity, and her cousin had been drinking from approximately mid-afternoon. Late that evening they arranged to be driven to the inner city purchasing some additional alcohol on the way. They went to a bar at the Viaduct Harbour known as Danny Doolans where further alcohol was consumed. The video footage identifies MT dancing with Mr Chetty, at times closely. MT’s cousin was in due course asked to leave Danny Doolans on account of his intoxication and did so, eventually with MT. They met the defendant again at a local takeaway bar. There was some discussion about what other dance venues might still be open. They decided to go to the “White House” in Upper Queen Street which is styled as a “gentleman’s club”. Further alcohol was consumed by MT at that venue. At one stage she slipped as a result of intoxication and was assisted by the defendant. The defendant claimed in his police interview that MT also made overt sexual advances to him at the White House. MT has no recollection of that in the same way she has no recollection of large parts of the evening generally.
[3] At a time which is likely to have been somewhere between 2.30 am and 3.00 am MT, her cousin and the defendant left the White House. The defendant offered to drive MT to her home on the North Shore, it is said, as a result of a request to do so by MT. They stopped at Barry’s Point Road in Takapuna to get petrol which MT’s cousin was to pay for. He did not have funds to do so. He was seriously intoxicated and video footage indicates him at one stage remonstrating with the defendant in the forecourt.
[4] The defendant decided to drive off leaving the cousin at the service station. He then drove across the road to a supermarket car-park where he proceeded to have sexual intercourse with…
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