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A man has faced Mackay District Court over a sexual assault.
A man has faced Mackay District Court over a sexual assault.

Islander father faces deportation after resort sex attack

A Pacific Islander faces deportation from Australia after a "serious" sex attack on a Whitsundays' region island.

The 30-year-old father-of-two, who cannot be named for risk of identifying his victim, stood in the dock as he faced Mackay Magistrates Court on Thursday.

Judge Brad Farr said the offence was so grave it would automatically attract jail time.

The court heard the man was drinking on the evening of March 21 when he became jealous of his female co-worker directing her attention towards another man.

"When [she] went back to her room, you walked back with her, despite the conversations that she didn't need you to do so," Judge Farr told him.

"You then barged into her room, then tried to kiss her.

"She immediately responded with the words, 'No, f--- off'.

"But that blatant, unambiguous statement was not enough to persuade you."

The man then climbed on to her bed while the woman yelled for him to get off, her voice reaching beyond the four walls.

"(She) was kicking you and despite that you managed to remove her pants and her underwear," Judge Farr said.

"You used some force to achieve what you were desiring."

 

The court heard this lasted for about 10 seconds before the man he had earlier been jealous of came into the room and an altercation broke out.

Judge Farr said the woman then "quickly" dressed herself and went to another part of the island where she made a complaint.

Defence barrister Scott McLennan said his client, who held a three-year visa under the Pacific Labour Scheme, would have his visa automatically cancelled if he received a jail term.

The court heard about 60 per cent of the man's wages earned were sent back to his home in the Pacific Islands to support his wife and two young children.

"He has demonstrated a great degree of rehabilitation since these offences, they were out of character, he's remorseful and tried to apologise the next day," Mr McLennan said.

But Judge Farr said the man had not voluntarily stopped his attack, it was a violation of trust and his victim would have been terribly upset and frightened.

"Women are entitled to go about their everyday business whether that involves drinking alcohol or not without the risk of a man then attacking them," he said.

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The man, who pleaded guilty to sexual assault with circumstance of aggravation, was sentenced to 15 months jail to be suspended after two months.

The remainder of the sentence will hang over his head for two years.

Judge Farr said it was unknown whether the man would be released into the general community or go into immigration detention after the two months.

The court heard the Department of Immigration would be notified about the sentence, and the man would have 28 days to ask for a review into his visa's cancellation.

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