Rapist freed after less than year’s jail
A CAIRNS man who raped and sexually assaulted a woman while she slept after breaking into her Kanimbla home has walked free after less than a year behind bars.
Xzaveah Elijah Wano, 18, had smoked 10 "cones" of marijuana on January 11 before he and another man decided to "do some hits" on houses.
While on the prowl, they spotted the woman asleep in her bedroom and went inside to "play" with her.
The Cairns District Court heard yesterday the victim was left so traumatised she moved from Cairns and has been left "scared, insecure, unsafe".
But despite Wano serving just 323 days in custody, Judge Dean Morzone chose to grant him immediate parole.
The judge cited Wano's "significant co-operation" with police after his defence barrister Josh Treviso revealed the police had no real case against him until he admitted it.
Judge Morzone said Wano had engaged in "vile conduct resulting from an obvious disrespect of women".
But he said Wano's "very significant admissions" to police "ought to be properly recognised".
In sections of the woman's victim impact statement read out in court, she told how she had been left with "serious emotional and physiological impacts" and "feels scared, insecure, unsafe, very anxious about where she lives and things around her".
Crown prosecutor Gelma Meoli told the court it had been Wano's co-offender who had initially suggested they "go and play with her (expletive)" and he refused.
But after the pair stole two handbags, two mobile phones, two purses, money and a sword from inside he agreed to it.
Ms Meoli said the woman had been sick in the days leading up to the offence, so she was "extremely exhausted and in a deep sleep".
"His (Wano's) understanding, as he told the police, was that they were just going to finger the woman," she said.
After the co-offender allegedly initiated the sexual conduct, Wano pulled the woman's underwear to the side and touched her.
The woman, who was not physically injured, screamed and chased the men as they fled with the stolen items.
Wano and the co-offender then attempted to break into another home nearby before being noticed by a woman and fleeing.
He pleaded guilty to one count each of rape, sexual assault in company, burglary and stealing, and attempted burglary in company yesterday.
Judge Morzone sentenced him to three years jail with immediate parole.