TWO brothers found guilty by a WA jury of raping a nine-year-old girl have been told to expect lengthy jail terms.
Tarrus and Samuel Boxer, aged 21 and 23 respectively at the time, assaulted the girl in the remote Aboriginal community of Billiluna in the Kimberley region in 2015.
She was lured in to a house with the promise of lollies and the men took turns raping her, the mens’ District Court trial in Kununurra heard last month.
The brothers, who are both in custody, were due to be sentenced in Perth on Wednesday but Judge Ronald Birmingham said he was not comfortable doing so yet.
The court heard a pre-sentence report indicated Samuel Boxer did not “comprehend the justice system” or understand why he had been in custody for the past two years.
His difficulties “following instructions” or understanding the legal system were partly related to the fact English was not his first language, said the pair’s lawyers.
The judge ordered a neuropsychological report for Samuel Boxer and a psychological report for Tarrus Boxer ahead of sentencing in January.
It was strange Samuel Boxer seemed to think the reason he had been in custody was due to a separate charge of burning his house down, not the rape, Judge Birmingham said.
“This is a serious sexual penetration of a child, serious sexual offences with a lengthy term of imprisonment likely to follow,” the judge said.
“It should be consistent with the jury’s verdict.”
Judge Birmingham apologised to the men for delaying their sentencing because they would remain locked up in Perth, which was too far for relatives to visit.
He said he hoped they would serve their sentences closer to home.