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CHRISTCHURCH - A judge today jailed a 48-year-old unemployed man for five years for the rape of a drunk woman, even though he had "considerable unease" about the jury's verdict.
Imposing the sentence on Kevin Patrick Leahy in Christchurch District Court, Judge David Saunders said he knew that the case would be appealed, the Christchurch Court News website reported.
"The jury rejected what you (Leahy) said, but while I found this surprising I must respect their verdict," he said.
"Despite any considerable unease I have as a trial judge, I am bound to go with the jury and sentence today."
The jury returned its guilty verdict on January 28 after the three-day trial.
Judge Saunders expressed his views at that stage and did not enter the conviction, but asked for further submissions which were heard today.
The submissions included a bid by defence counsel Mark Callaghan to have Leahy acquitted because the crown had failed to prove its case.
He said the evidence had been unreliable. The woman had blacked out after drinking beer and whisky. She had been still functioning but had no memory of the episode.
She could not recall going for help even though she got minor bruises when she fled through a bathroom window.
Pip Currie appeared as crown prosecutor at the trial and at the hearing today.
She said it had not been a weak case that had been put to the jury, which had to decide whether Leahy could have had a reasonable belief that the woman consented.
The woman had voluntarily consumed the alcohol over several hours, and Leahy had not plied her with the drinks.
She had told the court she would not have engaged in intercourse without protection, so did not consent.
Judge Saunders said: "She was still functioning even though she can't remember. He thought he had the green light, but it could have been an orange light - or even a red one."
- NZPA
