Victims’ relief as North Shore rapist breach sentence upheld
SYDNEY’S notorious North Shore rapist has lost his appeal against the length of his jail term for being caught “red handed” hiding an intimate relationship with a prostitute.
NSW
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SYDNEY’S notorious North Shore rapist has lost his appeal against the length of his jail term for being caught “red handed” hiding an intimate relationship with a prostitute.
Graham James Kay had been sentenced to four months behind bars for breaching his extended supervision order — more than 40 conditions put in place because he poses an unacceptable risk to the community without proper checks and monitoring.
The serial rapist was released from prison in 2015 after serving 18 years for sexually assaulting several women at knifepoint on Sydney’s North Shore in 1990s.
Kay failed to disclose an intimate relationship with a prostitute to corrective services officers in April.
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He was caught out when the 27-year-old escort was found inside his bedroom getting dressed during an unannounced curfew check.
His legal team appealed the severity of the four-month sentence after a magistrate found no evidence of remorse or contrition.
The court heard there had been an oversight which left out evidence of remorse in his affidavit.
This afternoon at Parramatta District Court Judge James Bennett accepted that Kay had shown contrition and remorse and that his prospects for rehabilitation were good.
“I accept that any omission with regard to evidence of contrition or remorse was an oversight,” he said.
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“I am rather more circumspect about his prospects for rehabilitation.
“However on balance, once again, I have come to the view that I should accept that his prospects for rehabilitation are good.”
Judge Bennett rejected any suggestion the relationship was more of a commercial one than “intimate” and said it was a “significant breach” not to disclose it.
“Young women who are engaged in this method of employment providing sexual services for money should not in this modern era be diminished to items of commerce,” he said.
“I do not mean to suggest counsel was intending to demean the escort in this fashion.”
“Young women embark upon that type of employment for various reasons. It is their choice.”
He said he was “satisfied” the sentence imposed by the magistrate was in the appropriate range.
“These orders are important as they provide a structure in which to protect the community and at the same time to protect the appellant from the consequences of his own folly.
“I don’t believe it is too severe for him to serve the sentence of four months for breaching the order,” he said.
“It is for this reason the appeal is dismissed.”
Outside court, two of Kay’s victim’s from the 1990s, Angela and Juanita, said they were “relieved” that he was behind bars — for now.
“I’m relieved he is still in prison, definitely,” Juanita said.
“The law is in place for a reason. We’re happy he is still in there,” Angela added.