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Man who raped wife was exerting 'power and control': court

A man who broke into his wife's home and raped her after a break-up wanted to show his "power and control" over her, a court has heard.

The 37-year-old, who cannot be named, believed he answered only to "God's law", when he went to his estranged partner's home in breach of bail conditions imposed for previous domestic violence.

He pinned her to the bed, forcing sexual intercourse on her while she tried to call police. 

The man sat in the ACT Supreme Court clutching a bible on Thursday as Justice John Burns sentenced him to eight years imprisonment for two sexual intercourse without consent offences and a burglary.

Justice Burns said he had "no doubt" the offender was angry because he believed his wife was "defying him" through the break-up.

"By committing these offences you were demonstrating your power over her with a view of instilling fear in her and exerting control over her," he said.


"This was not about sexual gratification, but about power and control.

"As part of that process, I have no doubt that you sought to humiliate the victim."

The court heard the man had shown little remorse and taken no responsibility.

He had suffered mental health problems in the Alexander Maconochie Centre, the court heard.

But those issues were not present at the time of the rape and in no way reduced his moral culpability for the crimes.

Justice Burns said it was likely the man would be deported to his homeland once the prison sentence was complete. 

He said he would support that decision, should it be made by immigration authorities. 

The judge rejected a defence submission that deportation was a form of extra punishment, which should serve to lessen any jail sentence.

Justice Burns said the rape was one of the "very serious examples of this type of offending".

"The victim of these offences was in her own home, a place where she is entitled to feel safe," he said.

The prison sentence will run until February 2022, and he will be eligible for parole in April 2019.