The Supreme Court has sentenced 31-year-old Timothy Lava to five years and three months’ imprisonment for sexual intercourse without consent.
Judge Oliver Abraham Saksak handed down the sentence last Friday after the defendant admitted the charge during re-arraignment.
The court heard that the incident occurred in November 2023 when the 27-year-old victim had been out with friends at Anchor Night Club before leaving in the early hours of the morning.
After being left behind at Korman fuel station, she accepted a ride from Lava and another man who offered to take her home. However, instead of taking her to her destination, the defendant diverted to Banana Bay.
The woman, who had dozed off, woke to find herself in an isolated plantation area. The court was told Lava then forced her into the bushes, threatened to kill her, and raped her.
Judge Saksak described the offence as serious, highlighting several aggravating factors including breach of trust, the victim’s vulnerability, the use of threats, and the deliberate planning involved.
The judge also noted the unprotected nature of the assault, which exposed the victim to potential health risks.
“The defendant took advantage of the complainant’s condition and used force and threats to achieve his purpose,” the court said.
In sentencing, the court set a starting point of eight years’ imprisonment.
Mitigating factors included Lava’s late guilty plea and personal circumstances, which led to reductions totalling two years.
The court also credited nine months already served on remand, resulting in a final sentence of five years and three months.
The sentence takes effect immediately but is backdated to 24 September 24, 2025, when the defendant was remanded in custody for breaching bail conditions.
Lava will be eligible to apply for parole after serving half of the sentence.
