Offender jailed for raping Indian woman

The Manukau District Court has sentenced a young Samoan to a prison term of seven years and six months for raping a woman (who cannot be named) of Indian origin in her South Auckland home on May 19, 2011.

Nineteen-year-old Misiluki Misiluki also received a concurrent three-year prison sentence on charges of robbery, burglary, threatening to kill the victim and her 20-month-old female child.

The Police arrested him after a Police Dog Handler tracked him down, seated in a car in the Otara area, not far from the victim’s home.

A twenty-dollar note and the name, ‘Misiluki’ tattooed on his arm as mentioned by the victim in her complaint earlier were taken as initial evidence in bringing charges against him in the court.

Presiding Judge Dr Ajit Singh said that the defendant had appeared in the court earlier and that he was subject to the ‘Three Strike Law.’

He said the charges were serious, that they carried a maximum jail term of 20 years and that he had considered a number of factors (including his age, prospects of rehabilitation and expression of remorse) in awarding him a reduced sentence, without a minimum non-parole period.

Prolonged offence

The offender pleaded guilty to the rape, unlawful sexual connection and burglary at a hearing held on December 7, 2011.

Dr Singh said that Misiluki had knowledge of the family of the victim and had planned his offending, which was prolonged and repeated, included violence. He is believed to have demanded money from the hapless women after raping her.

“Clearly, there are no mitigating features for this offending,” he said.

The victim said in her statement to the Court that she had suffered physical injuries and severe trauma since the horrifying incident.

“I cannot ever wish any other person to be stricken with the most frightening and emotionally terrifying experience I have encountered. The emotional violation has permanently damaged everything I have ever known and lived for. He (the offender) has shattered me and my family life,” she said.

In a written warning issued to the offender, Judge Singh said, “If you are convicted of any serious violence offences other than murder committed after this warning and if a judge imposes a sentence of imprisonment then you will have to serve that sentence without parole or early release. If you are convicted of murder committed after this warning, then you must be sentenced to life imprisonment. That will be served without parole unless it would be manifestly unjust.”

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