BY ROMINAH FAKA
The High Court has sentenced a man to three years, six months imprisonment for attempted rape.
Norman Nemao, mid-30s, pled guilty to one count of attempted rape contrary to section 136 (F) (3)(b) of the Penal Code (Sexual Offences) Amended Act 2016.
The agreed facts of the case said in the morning of August 7, 2024, the complainant met Mr Nemao on her way to the Kirakira market. Nemao was holding a bush knife.
Nemao followed her, and she ran. The woman tripped and fell, and Nemao caught up with her and attempted to rape her but she escaped.
The sentence was delivered on March 14 by Judge Emmanuel Kouhota.
Court considered the aggravating facts as minimal saying the defendant had not intended to use the knife against the complainant and that the physical violence was minimal.
An early guilty plea, cooperation with authorities and being a first-time offender were considered as mitigation for Nemao’s case.
However, the offence carries a maximum penalty of 15 years imprisonment. After considering all the facts of this case court accept submission of counsel for the prosecution that starting point should be four years imprisonment, but taking into account the aggravating factors were minimal and the strong mitigating factors.
Court deducted six months from the four years starting point and imposed a head sentence of three years and six months imprisonment upon Nemao. Court also ordered that time spent in custody shall be counted as part of his sentence.
Jonathan Auga and Steward Beto prosecuted and Owen Ma’ungatonu acted for Nemao.
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