By ALESHA CAPONE
A TULLAMARINE refugee who committed two rapes within a month has had his prison sentence reduced on appeal.
Three judges at the Supreme Court of Victoria Court of Appeal recently heard Esmatullah Sharifi, who had driven from his house in Tullamarine to Frankston, began talking to an 18-year-old girl sitting near a nightclub in December 2008.
The court heard Mr Sharifi offered to give the girl a lift to Mornington but on the way threatened her, attempted to kiss her, told her to take her clothes off and raped her.
Almost a week later, on Christmas Day, Mr Sharifi forced another woman into his car, slapped her and raped her, before she managed to run away.
The court heard Mr Sharifi, 32, was born in Afghanistan and beaten by the Taliban.
As a child, his father was taken by soldiers and never returned.
Later on, Mr Sharifi reportedly witnessed the Taliban kill his brother and other atrocities.
In 2005, he gained a permanent protection visa in Australia, and was later diagnosed with post-traumatic stress disorder and major depressive disorder.
In 2009, the County Court sentenced Mr Sharifi to nine years and six months prison, with a minimum term of seven years, after he had pleaded guilty to two rape charges and one charge of false imprisonment, relating to the Christmas Day rape.
In 2012, he was sentenced to another nine years in prison for the Frankston rape.
Four years and six months of the sentence were added onto an earlier sentence he had received.
This made Mr Sharifi’s total sentence for both crimes 14 years imprisonment with a non-parole minimum period of 11 years.
However, Mr Sharifi recently appealed his 2012 sentence on grounds including it was “manifestly excessive” and the original sentencing judge erred in deciding his prospects of rehabilitation were poor.
A psychologist’s report tendered to court said Mr Sharifi believed he had consensual sex with the 18-year-old.
The Court of Appeal judges re-sentenced Mr Sharifi to eight years on the charge of rape, creating a total sentence of 12 years and six months’ imprisonment.
His new minimum term became eight years and six months imprisonment, for both of the crimes committed in 2008.
