Man cleared of rape but sentenced to one year for assault
A man who was found not guilty of raping a woman he had been socialising with was nevertheless sentenced to 12 months in prison for physically assaulting her.
David Pharai received the split verdict following a trial before Justice Nalini Singh and a nine-member jury. While the jury acquitted him of rape, grievous sexual assault, and kidnapping, they convicted him of assault occasioning actual bodily harm stemming from an incident at his home in May of last year. Justice Singh imposed the sentence last Thursday.
According to evidence presented in court, Pharai and the woman had been drinking together before returning to his home in the early morning. The woman said that after she showered, Pharai pulled off her towel, pushed her onto his bed, and repeatedly hit her in the face while yelling obscenities. She also alleged that he sexually assaulted her, but the jury did not accept that part of her testimony.
The woman later escaped with help from a neighbour and reported the matter to the police.
In determining Pharai’s punishment, Justice Singh began with an 18-month starting point, noting that the setting of the assault—though the physical injuries were not severe—made the offence particularly serious. She reduced the sentence by six months due to Pharai’s previously clean criminal record and positive character references from both his former long-term partner and his current companion, who described him as calm, non-violent, and a responsible father.
Justice Singh said the case appeared to be an isolated incident rather than part of a pattern of abuse. She also highlighted that Pharai had maintained steady employment in a specialised construction job despite a troubled and violent upbringing, which supported his potential for rehabilitation.
Although Pharai expressed some remorse, the judge observed that he continued to claim the complainant acted out of spite or dissatisfaction. This, she said, limited the weight of remorse as a mitigating factor, as it suggested he had not fully grasped the impact of his actions or the violation of the complainant’s autonomy.
The prosecution team from the Office of the Director of Public Prosecutions included Shervon Noriega, Maria Lyons-Edwards, Cassie Bisram, and Afeisha Williams.
