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Senior Reporter
derek.achong@guardian.co.tt
A man who was acquitted of raping a female companion but convicted of physically assaulting her has been sentenced to 12 months in prison.
David Pharai received the mixed verdict at the end of his recent trial before Justice Nalini Singh and a nine-member jury.
The jury found Pharai not guilty of rape, grievous sexual assault and detention of a person but found that he was guilty of assault occasioning actual bodily harm from an incident at his home in May last year.
Pharai was sentenced by Justice Singh last Thursday.
According to the evidence presented in his trial, hours before the alleged attack, Pharai was liming with the victim.
They drank alcohol and returned to his home in the pre-dawn hours.
The victim claimed that she was attacked by Pharai after she came out of the shower.
She claimed that he snatched the towel from around her body, pushed her onto his bed, and repeatedly struck her on her face while shouting obscenities.
She also claimed that Pharai sexually assaulted her, but the jury ultimately did not believe that aspect of her evidence.
She managed to leave the house with the assistance of a neighbour and made a report to the police.
In deciding the appropriate sentence for Pharai, Justice Singh began with a starting point of 18 months in prison.
“My view is that this starting point properly reflects the objective seriousness of the offending, in that it acknowledges that although the injuries are not severe, the context makes the assault significantly more serious,” Justice Singh said.
Justice Singh decided to reduce the sentence by six months based on the fact that Pharai had a clean criminal record before being accused by the victim.
She also considered testimonials from Pharai’s former partner of 12 years and his current companion, who both described him as quiet, calm, non-violent and a good father to his two children.
“This significantly distinguishes him from the type of offender whose assault occasioning actual bodily harm forms part of a continuing pattern of domestic violence,” Justice Singh said.
“It supports the conclusion that this assault, though serious, represents an isolated departure from his usual non-violent disposition as opposed to being a fixed character trait,” she added.
Justice Singh also noted that Pharai was gainfully employed as a specialist worker in the construction industry despite being forced to leave home as a teenager due to physical violence.
“Those early experiences do not excuse his conduct, but they do underscore that, despite adversity, he has demonstrated resilience and the capacity to live lawfully, which weighs in favour of rehabilitation,” Justice Singh said.
While she noted that Pharai showed remorse, Justice Singh pointed out that he still asserted that the victim acted out of malice or dissatisfaction.
“It remains a mitigating factor but cannot attract strong weight, as it demonstrates that while the prisoner has begun to process the consequences of his actions, he has not yet fully internalised the virtual complainant’s perspective or the gravity of his breach of her autonomy and safety,” she said.
The Office of the Director of Public Prosecutions was represented by Shervon Noriega, Maria Lyons-Edwards, Cassie Bisram, and Afeisha Williams.
