One of New Zealand's worst sex offenders has been sentenced to another term of preventive detention and may never be released from jail.
Howard Vivian Kitching, 63, has previously served a preventive detention term for a series of attacks on young girls, but was paroled in October 2006 with strict conditions.
Within days, he crept into a resthome hospital and indecently assaulted a 95- year-old woman.
A psychiatrist who interviewed Kitching said the decision to move Kitching into a flat was "unwise" because he needed ongoing supervision and behavioural checks.
Sentencing Kitching in the High Court at Auckland yesterday, Justice Helen Winkelmann said his victim was so frightened of seeing him again at the trial she hardly slept at all in the days leading up to when she gave evidence.
The woman, who has permanent name suppression, was thought to be the oldest person to give evidence in person in a New Zealand court when she testified against him in the Auckland District Court in April.
Even though the woman was scared, she said she felt lucky it happened to her and not one of the other patients who were suffering from dementia and wouldn't have been able to defend themselves or tell nurses and the police what had happened.
"The victim was particularly vulnerable because of her age, frail health and the isolated location of her bedroom at the time of the offending.
"Your victim was in extreme old age. She should only have been exposed to respect and kind treatment," Justice Winkelmann said.
Kitching was considered to be a "predatory offender" - actively seeking out victims and even going to the extent of breaking into a residence.
"You are now 63 years of age but the expected fall-off in the risk of offending that comes with old age has not occurred. That indicates that the risk of offending is likely to remain relatively stable, at least until the ageing process incapacitates you to some extent."
The psychiatrist reported Kitching was unlikely to gain anything from rehabilitation because of his neuropsychological deficits. The ultimate protection of society would depend on the level of supervision he had, he said.
Justice Winkelmann sentenced Kitching to preventive detention with a non-parole period of five years. She said any parole decision would be closely supervised because of his status as a preventively detained prisoner, but he could be eligible for parole at that point.
Sex offender may never be released
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