Construction worker jailed for predatory rape [1]
Wednesday, March 9, 2016 - 19:12
Samuela Holani (22) was sentenced to four-years and nine months imprisonment for the rape of a woman at home in Nuku'alofa, in July last year.
"A woman is entitled to expect she is safe in her house from predatory sexual offending,” said Mr Justice Cato in passing his sentence on 7 March at the Supreme Court in Nuku’alofa.
He said at around 1:00am on July 18, 2015 the prisoner broke into the victim’s unlocked home and entered the bedroom where she was sleeping.
She woke up and recognized the prisoner as a construction worker who was building a fence at her neighbour’s house. She was frightened and tried to escape but he held her and raped her.
He said the victim later escaped to the neighbours for help and they rang the police. While the prisoner, who had consumed alcohol, was later found inside the victim’s home asleep behind a freezer.
"The prisoner claimed to have been very drunk that evening while that may explain in part of his behavior it does not justify it and cannot be regarded as mitigation," he said.
Justice Cato said the starting rape sentence after a defended hearing in Tonga has been set by the Court of Appeal to be five-years.
“However, there were aggravating circumstances in that this prisoner had unlawfully entered the complainant’s residence in the early hours of the morning and raped her....”
He increased the starting point to seven-years imprisonment for this aggravating factor.
The judge said due to the prisoner's early guilty plea that saved the victim from giving evidence, his previous good character and that some compensation has been paid by his family, he was allowed mitigation of two-years and three months imprisonment.
The judge sentenced then him to four-years and nine-months imprisonment for rape.
Because he pleaded guilty and expressed remorse, is a first offender and cooperated with police, the judge suspended the final year of his sentence on conditions. This means that he now serves three-years and nine-months.
With the housebreaking offence, he was sentenced to three-years to be served concurrently with the rape offence, said the judge.