Court orders sex attack conviction be set aside

Maia Rongonui. File photo / Supplied

A young man has won his appeal against conviction for the attempted rape of an Australian backpacker.

Today the Supreme Court ordered that convictions on counts of sexual violation by unlawful sexual connection and assault with intent to rape against Maia Rongonui be set aside.

It ordered a new trial on each count and said the reasons for its judgment would be given at a later date.

Rongonui was sentenced in the Christchurch District Court last November.

The court was told that the Australian victim was approached by Rongonui as she walked through Christchurch in 2007, when he was 17 years-old.

He had offered to walk her home but turned on her when she rebuffed his advances, hitting her and sexually assaulting her.

During sentencing in Christchurch District Court, a visibly upset Judge Jane Farish was apprehensive about jailing Rongonui at all, saying it was likely to ruin him.

Rongonui was "not a bad boy at all", she said.

The act was "impulsive and out of character" and she hoped the Parole Board would quickly consider his release to the community and his family.

But in July the Appeal Court agreed with an appeal by the Solicitor-General against the leniency of the sentence and increased it from four years to six.

That decision was overturned today and Rongonui will be tried again.

- NZPA