Sentence summary: Rape
The offender engaged in consensual sexual activity without the use of a condom with the first victim before placing his hands around her throat, pressing on her windpipe and then engaging in non-consensual and unprotected penile-vaginal intercourse. While his first victim was either asleep or unconscious he entered the bedroom where the second victim was sleeping alone. He removed her underwear and penetrated her vagina with his penis without a condom.
The offender was found guilty by a jury of two charges of rape.
The judge found that although there was no pre-planning, the offender took the opportunity to rape two separate victims, in circumstances that caused them significant psychological harm.
The judge found that there were several aggravating features of this offending. That offender had strangled the first victim with sufficient force to cause her to be in fear. That he had not worn with the second victim, as well as taking advantage of the fact she was asleep.
The offender’s intoxication at the time provided some context to his offending, but was not a mitigating factor. He had not shown any remorse for his actions.
However, the high likelihood of his deportation to New Zealand after his release from prison, was a significant extra punishment that should be taken into account. This would weigh on him during his time in prison and would remove him from his young family here in Australia.
The judge also took into account the offender’s good prospects of rehabilitation and no prior convictions. Up to the age of 30 he had lived a blameless life and he was not a threat to the general public.
The sentence, however, needed to denounce the conduct, punish the offender and deter others from acting in such a manner.
The offender was sentenced to a total effective sentence of five years and six months’ imprisonment with a non-parole period of three years and six months.