Attacker’s chilling threat to victim
A MAN who attacked a girlfriend when she stayed over at his home at Christmas had a history of violent behaviour including a sexual assault on a stranger.
The offending of Frank Sagiba was revealed when he went before Ipswich Magistrates Court charged over the assault on the woman two days after Christmas.
Appearing in custody in the dock, Frank Cyril Sagiba, 40, pleaded guilty to two domestic violence offences - assaults causing bodily harm at North Ipswich on December 27, 2019; and deprivation of liberty/unlawfully detain a female person against her will.
He also pleaded guilty to five counts of contravening a relevant order under the dangerous prisoners sexual offenders act.
Police prosecutor Sgt Molinaro said the woman was staying with Sagiba over Christmas.
She was laying in bed and he told her she was not allowed to leave, then punched her in the jaw twice.
The court heard he blocked her from leaving, pushing her back onto the bed.
Sagiba had her in a headlock with his right arm around her neck, causing the woman to feel dizzy.
Sgt Molinaro said he whispered in her ear saying: "I'm going to rape you" then punched her three times in the left side of the head.
The woman eventually broke free and ran out.
NATIONAL DOMESTIC VIOLENCE CRISIS SERVICES
Legal Aid defence lawyer Tristan Carlos confirmed Sagiba received a seven-year jail term for a prior rape and conceded that a jail term was the only reasonable option in the case against him.
He sought a jail term of no more than two years with release to parole after he serve one-third.
Sagiba had spent 79 days in custody prior to the sentence.
The court heard Sagiba was dealt with by a Townsville court in 2016 with a Corrective Services report describing him as manipulative and capable of deception and dishonesty.
Mr Carlos said he was born on Thursday Island and had a complicated and prejudicial upbringing and was adopted soon after birth.
A psychiatric report revealed trauma suffered in his youth with exposure to violence, drugs and alcohol, and he has also witnessed sexual misconduct.
Mr Carlos said he suffered a diagnosed personality, substance abuse and sexual paraphilia disorders, along with anxiety.
Mr Carlos said his past crimes included breaking into homes with sexual offences involving victims not known to him.
In the past Sagiba worked in hospitality in the Cairns region and he most recently worked as a forklift driver.
Mr Carlos said that while the assault was serious the woman's injuries were limited to bruising and contusions with some pain and discomfort.
Magistrate Rob Turra said while Sagiba whispered he would rape the woman, there was no suggestion he engaged in any such act.
Noting the time already spent in custody, he sentenced Sagiba to an 18-month jail term with release on June 1.
No order was made for compensation because Mr Turra found Sagiba had no capacity to pay.
Sagiba also has matters before the Supreme Court yet be determined.