Serial Sex Offender Luca Fairgray's Prison Sentence Reduced on Appeal

Auckland man Luca Fairgray, a serial sex offender, has had his prison sentence reduced after challenging the length of his term in the Court of Appeal. Fairgray, 22, was found guilty of three charges of sexual conduct with a young person by a jury in February. In March, he was initially sentenced to 4.5 years for crimes against a 13-year-old girl. At the time of sentencing, Judge Evangelos Thomas emphasized that the victim would carry the emotional and psychological scars of Fairgray's actions for the rest of her life.

What many in the courtroom did not know was that Fairgray had previously been convicted of 10 charges involving assaults on six teenage girls, including rape and sexual conduct with individuals under the age of 16. His defense lawyer, Susan Gray, argued in June before the Court of Appeal that the initial sentence was “manifestly excessive.” She pointed to a lack of consistency in sentencing across similar cases and highlighted a previous case where a man who had ongoing sexual contact with one minor and one-off contact with another was given a starting point of 2.5 years in prison.

Gray acknowledged the distress caused by Fairgray's actions, including the girl's pregnancy and subsequent abortion, but argued that it was inappropriate to attribute the need for further medical intervention solely to Fairgray. She also challenged the Crown's argument that the victim's vulnerability was due to her age, stating that it was inherent in the charge itself. She noted that the seven-year age gap between Fairgray and the victim was at the lower end of the spectrum and that there was no breach of trust.

On the other side of the argument, prosecutor Pip McNabb emphasized that the victim's vulnerability extended beyond her age. She highlighted the girl's diagnoses of autism, ADHD, and ODD, noting that she had only recently become a teenager. McNabb also argued that Fairgray's offenses were not random but rather calculated and deliberate, as he pursued the girl despite knowing her age. She pointed out that his actions led to the pregnancy and subsequent abortion, even if the second surgical intervention could not be directly attributed to him.

In its decision, released by Justice Rachel Dunningham, the Court of Appeal agreed with Fairgray's defense that the starting point of the sentence was too high. The court acknowledged the adverse effects on the victim from the termination of her pregnancy but noted that there was no abuse of trust or significant age gap between the offender and the victim. It also found no other aggravating factors such as grooming or demeaning behavior. Based on these considerations, the court determined that the appropriate starting point should have been 3.5 years, rather than the 4 years used in the original sentencing.

After adjusting for the starting point, the Court of Appeal added six months to Fairgray's jail term due to the fact that his offenses were similar in nature to previous crimes. As a result, his final sentence was reduced to four years in prison.

Katie Harris, the journalist covering this case for the Herald, has been reporting on issues such as sexual assault, workplace misconduct, media, crime, and justice since 2020. She is based in Auckland and continues to bring attention to these critical issues through her reporting.