A 30-year-old man will spend the next three years in jail after being convicted of indecently assaulting a sleeping woman and then raping her.
Following a trial jury found Wiremu Hoani Hei Hei, formerly of Kenna Street, guilty on May 29, of sexual intercourse without consent and assault with an act of indecency.
He has been in custody since the trial and Acting Judge Geoffrey Graham sentenced him in Orange District Court last week. He gave Hei Hei a sentencing period of five years and six months with a total of three years and six months to be spent without parole until November 28, 2022.
According to the agreed facts, the woman slept alone in her boyfriend's bed, without drinking alcohol, while there was a gathering of people at his house.
This was an offence committed in circumstances when the complainant had just woken up, had no prior contact with the offender and was frozen in fear.Acting Judge Geoffrey Graham
Hei Hei was already drunk when he joined the gathering on the morning of November 11, 2017.
"At 7am she woke up to someone behind her on the bed, the person was kissing and biting her on her left shoulder. She thought it was her boyfriend but it was the offender," Acting Judge Graham said
"This was an offence committed in circumstances when the complainant had just woken up, had no prior contact with the offender and was frozen in fear."
The woman realised it was not her boyfriend during the assault, and told him to stop. She told other people in the house, and her mother took her to hospital where results from an examination were consistent with her report.
She feels a prisoner in her own world and has had to move in order to cope.Acting Judge Geoffrey Graham
Hei Hei continues to maintain the acts were consensual but he was unable to accurately describe her clothing and distinctive hair when initially questioned.
The court was closed for the reading of the victim impact statement however Acting Judge Graham said the woman moved away from Orange, her relationships were affected, she had nightmares, difficulty sleeping and was unable to feel happiness or feel safe.
"He's stolen her sense of security in the world," he said.
"She says she lives in constant fear that someone will hurt her everyday.
"She feels a prisoner in her own world and has had to move in order to cope."
Barrister Bill Walsh said Hei Hei was a New Zealand citizen who has lived in Australia since 2007, was a father of young children and was living in Orange and working as a scaffolder in November, 2017.
He said Hei Hei expected to be deported upon his release from custody, but Acting Judge Graham said according to sentencing legislation he could not take potential deportation into account.
Mr Walsh said Hei Hei was previously convicted of offences, such as common assault, in Canberra and Queanbeyan, which were also related to binge drinking.
"You were playing with a Canberra rugby league team but because of your problem with alcohol and the law you lost your spot," Mr Walsh said to Hei Hei on Tuesday.
He has a relatively limited history in terms of the number of offences and the previous offences were not in the higher categories of sentencing.Acting Judge Geoffrey Graham
However, Mr Walsh also said Hei Hei was a good father and a good worker, and he raised an issue with a psychological report, which he said was prepared without a face-to-face meeting with Hei Hei.
Although Acting Judge Graham agreed about the report, he also said there was a need for treatment or counselling for alcohol abuse and sex offending.
He gave Hei Hei a four-year and six-month jail sentence with a two-year and six-month non-parole period for having sexual intercourse without consent.
He also gave him a nine-month jail term for assault with an act of indecency for biting the woman's shoulder.
"He has a relatively limited history in terms of the number of offences and the previous offences were not in the higher categories of sentencing," Acting Judge Graham said.
Among Hei Hei's previous offences were two assaults from when he and a co-accused assaulted a hotel licencee and another man at Jerrabomberra on July 29, 2016, after the two offenders were told to leave due to intoxication.
Hei Hei was given a good-behaviour bond and a suspended jail sentence for the assaults.
Because the bonds were still in place in November, 2017, Acting Judge Graham revoked them and gave Hei Hei a fixed four-month jail term in lieu of the good behaviour bond, and a nine-month fixed jail sentence instead of the suspended sentence.
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