By Linny Folau

A 36-year-old man has been sentenced to one year and nine months imprisonment after breaking into a woman’s home at night, indecently assaulting her and injuring her during a struggle.

Hivafo’ou Taukei’aho was sentenced on 18 May by Lord Chief Justice Malcolm Bishop KC at the Supreme Court after pleading guilty to serious housebreaking, serious indecent assault and common assault.

The court heard the offences occurred in August last year during the early hours of the morning when Taukei’aho broke into the complainant’s home. The woman woke to find him on top of her in her bedroom kissing her. When she struggled and called for help, the defendant, who admitted he had been heavily intoxicated, strangled her neck and covered her mouth and nose to stop her screaming, impeding her breathing.

During the struggle, the complainant suffered an injury to her right cheek before managing to call out to family members. The defendant fled the house, but two witnesses saw him leaving and identified his clothing. He later admitted the allegations during a Police interview. He had no previous convictions.

In sentencing remarks, Lord Chief Justice Bishop placed significant weight on the violence used during the offending, saying the conduct created obvious risks of serious physical and psychological harm. He also noted there was an element of deliberation, with the defendant forcing entry into the home, switching off lights and approaching the complainant while she was asleep.

The court heard the complainant experienced significant emotional and psychological harm. A Victim Impact Report stated she felt terrified and feared for her life during the incident. Since then, she has suffered fear, anxiety and hypervigilance, changed her living arrangements and no longer felt safe in her own home.

The judge also considered the defendant’s early guilty pleas, admission to Police and expressions of remorse. The court heard he apologised to the complainant the following day and sought forgiveness, which she extended.

A probation report assessed his risk of reoffending as moderate to high because of the seriousness of the offending and concerns about his judgment and self-control.

Lord Chief Justice Bishop sentenced Taukei’aho to 26 months imprisonment, with the final five months suspended for two years on conditions. He is now serving 21 months in prison.

A suppression order was also issued protecting the complainant’s identity.