A 43-year-old man has been sentenced to nine years imprisonment after he was convicted of rape and breaching a Domestic Violence Restraining Order.
While sentencing the man, Labasa High Court Judge, Justice Lee Burney said the court heard that the man was in an intimate relationship with the complainant, which broke down, resulting in a Domestic Violence Restraining Order being issued for her protection.
Justice Burney said he breached that order when, on the morning of 22nd April 2025, he approached the woman as she was entering a school and forced her into a taxi driven by a second accused.
The woman was driven against her will to a hotel where the man booked a room and raped her over the following two days.
Justice Burney said the breach of the DVRO was made more serious because of the planning involved and the humiliation the woman suffered.
He said the offence was made more serious due to its prolonged nature, threats made to the woman's life, and the 18-year age difference between the two.
Justice Burney said in mitigation, he was informed that the man is now 43-years-old, was the sole breadwinner for his family, is a divorced father of two school-age children, and had been caring for his sick parents.
He was also informed that the man had been in custody, pending the disposal of this matter since he was arrested on 24th April 2025.
Justice Burney said he took 7 years’ imprisonment as the starting point for the sentence and, after balancing the aggravating and mitigating factors, decided to make an upward adjustment to 9 years’ imprisonment
He says that despite reservations about the man's prospects for rehabilitation, his non-parole period was fixed at six years.
Justice Burney said the court noted that he had been in custody since 24th April 2025 and treated 13 months as time already served.
He said the sentence imposed was nine years imprisonment, less the time already served on remand, with a non-parole period of four years and 11 months from the date of sentencing.
He also issued a Permanent Domestic Violence Restraining Order against him.
The man may appeal to the Court of Appeal within 30 days.
Meanwhile, a 32-year-old man has been sentenced to 18 months' imprisonment suspended for two years after being convicted of giving false information to police.
Justice Burney says the man's false information led police to search for the complainant in a different location, wasting police time and resources.
He says in mitigation, he was informed that the man is now 32 years of age, married, has a child, is the sole breadwinner for his family.
He says the court considered that the man was a first offender, had expressed remorse, and had prospects of rehabilitation.
Justice Burney decided to sentence him to 18 months’ imprisonment suspended for 2 years.
He warned that if he commits another imprisonable offence during the suspension period, the sentence may be restored.
The man may appeal to the Court of Appeal within 30 days.
