STATE OF TASMANIA v INOCE SAKITA 17 NOVEMBER 2022
COMMENTS ON PASSING SENTENCE JAGO J
The defendant has pleaded guilty to one count of attempted rape and four related summary charges, being two counts of common assault, one count of aggravated burglary and one count of stealing.
The defendant is a Vanuatu national, who was working in this State pursuant to the Department of Foreign Affairs seasonal workers’ programme. The complainant operated a massage therapist business in Devonport. At approximately 11.50pm on 25 April this year, the complainant was awoken by loud knocking at her front door. She checked a security camera and observed a young male whom, she believed to have been a previous client of the business, outside the front door. The complainant opened the front door. The defendant entered and went directly to one of the rooms used for massages. He then removed all his clothes and approached the complainant. He pushed the complainant towards the bed and kissed her. He bit her on the lip whilst kissing her. The complainant struggled and tried to free herself. The defendant then placed his hand around her neck and squeezed it whilst pushing the complainant back onto the bed. The complainant struggled to breathe. This behaviour encompasses the first count of common assault.
The defendant moved his free hand to the complainant’s left breast and squeezed it hard. He pushed his hand down towards the outside of the complainant’s vagina. The complainant was struggling and trying to force the defendant away. She yelled out to her boyfriend who was asleep in the next room. The complainant managed to make her way into the hallway. The defendant followed, carrying his clothing. He again took hold of the complainant by the hair and attempted to push her against the wall. This is the second count of common assault.
The complainant told the defendant to leave. He did not let go of her. She again yelled for help. She managed to free herself and run from the residence. Initially, the defendant chased the complainant before returning to the residence and re-entering. At this point, he was intent on stealing money or property. This behaviour amounts to aggravated burglary. The defendant, in fact, stole an EFTPOS machine valued at $500 from the residence.
The complainant called police. When they attended, they found the defendant holding the EFTPOS machine. This was recovered. The defendant was arrested. He participated in a record of interview. During the interview he admitted he was intoxicated during the incident. He said he had previously been to the premises and paid a worker there for sexual intercourse. He agreed that he had “most likely” put his hands around the complainant’s neck, bit her on the lip and touched her vagina. He agreed he intended to have vaginal sex with the complainant without her consent. It is accepted by the State that on a previous occasion, the defendant had attended the business premises and paid to have sexual intercourse with a female. This was not this complainant however. The defendant agreed that on this occasion he had no money and did not have any indication from the complainant that she was consenting to sexual intercourse.
Initially the defendant was held in custody from 26 April until 6 May 2022. He was then granted bail. He was again remanded in custody on 5 July 2022, after his employment was terminated and he was evicted from his accommodation. He has been in custody since that date.
The complainant has provided a Victim Impact Statement. She has been deeply affected by this crime. She now feels constantly afraid. She experiences anxiety attacks. She has relocated from Tasmania because she does not feel safe. The impact of this crime is being felt by her on a daily basis.
The defendant is 28 years of age. He has no prior convictions in Australia. He came to Tasmania on the seasonal workers’ programme in order to support his family in Vanuatu. Whilst working, he was sending most of his wage back to his family. He has a wife and a three year old child in Vanuata. Because of this crime, he will be deported following his release from custody. He will return to live with his parents in Vanuatu, where I am told he will face significant consequences for his behaviour from both his family and his community.
The defendant has little recall of his behaviour. He was intoxicated. That, of course, is in no way mitigating. To the defendant’s credit he made frank admissions to the police and has pleaded guilty at a very early stage. The plea of guilty has obviously saved the complainant the ordeal of giving evidence. Beyond those factors, however, there is little to mitigate the defendant’s conduct.
The crime of attempted rape and the two assaults are serious matters. In respect to the first assault in particular, pressure was applied to the complainant’s throat and she had difficulty in breathing. The dangers associated with such an act are well understood. Underlying injuries can often be caused by pressure being applied to the throat, which may not manifest immediately and which can cause ongoing difficulties. The complainant was in her home when this incident occurred. She was entitled to feel safe there but instead was subjected to acts of violence. The defendant’s conduct was determined and it was purposeful. He showed a complete lack of regard for the obvious distress of the complainant. The complainant was subject to a horrible ordeal and the defendant’s crimes have had a significant, and most likely long lasting, impact upon her.
I take into account that the defendant has not been involved in serious criminal conduct previously. He has expressed remorse for his behaviour, has pleaded guilty and, as noted, was frank in the admissions he made to police. General deterrence, denunciation, punishment and vindication of the victim are, in my view, all important sentencing considerations. A significant deterrent sentence is warranted.
The defendant is convicted of all matters to which he has pleaded guilty. In respect to the offences of aggravated burglary and stealing, I make no further order. In respect to the crime of attempted rape and the two counts of common assault, I will impose one sentence. The defendant is sentenced to two years’ and nine months imprisonment, backdated to 4 July 2022 to take into account time already served in custody. The defendant is not eligible for parole until he has served one half of that sentence. It is ordered that the Registrar place the name of the defendant on the Community Protection Offender Register and that he comply with the reporting obligations under the Community Protection (Offender Reporting) Act for a period of six years from his release from custody.