A 37-year-old man who assaulted his de-facto partner for denying his sexual desire has been sentenced to 7 years and 1 month imprisonment.
Fabiano Vinabit pleaded guilty to two counts of domestic violence and one count of sexual intercourse without consent in Court.
According to the facts of the case, Vinabit threw a money box tin heavy with coins at his partner’s head when she refused to have sex with him. After throwing the money box tin at her, he picked up a broken mirror from inside their bedroom and cut her several times on her right buttock. Even though she was bleeding, he pulled her outside and went into an empty house where he sexually assaulted her.
The sexual assault happened following an argument they had earlier that day after she failed to pick up their daughter from school.
The maximum sentence for sexual intercourse without consent is life imprisonment; and 5 years’ imprisonment or VT100, 000 fine or both for domestic violence.
After considering the mitigating and aggravating factors to the offending, Judge Viran Molisa Trief of the Supreme Court gave Vinabit a sentence start point of 9 years and 6 months’ imprisonment for all offences.
Judge Trief reduced his sentence by 15% for allowing the complainant to give evidence against him despite that he did not plead guilty at the first opportunity.
His sentence was further reduced by 12 months due to other personal factors, such as having no previous convictions, having a 3-year-old daughter and performing a custom reconciliation ceremony with the complainant.
Vinabit stated he is stated to be very remorseful. The complainant stated to the pre-sentence report that she accepted the reconciliation, but she has moved on with her life and does not want anything to do with Vinabit.
Judge Trief stated that the offending is too serious and there are no exceptional circumstances to warrant suspension of the sentence.
Vinabit’s sentence is backdated to April 25 when he was taken into custody.
He was given 14 days to appeal the sentence.
SOURCE: VANUATU DAILY POST