Two Bay of Plenty men who raped a grossly intoxicated woman in her home have both been jailed for more than eight years.
Convicted rapists Baljeet Singh, 23, and Harpreet Singh, 26, were sentenced in the Tauranga District Court on Tuesday after they were earlier found guilty of sexual violation by rape at a jury trial.
The rapes happened in Tauranga in 2015 after the victim returned home after a night out and had engaged in consensual sex with an associate of one of the two rapists.
After the associate left, the other two men remained at the house and one after the other, forced themselves on the woman despite her protests.
Crown prosecutor Hayley Sheridan argued that the starting point for both men's sentence must be nine years' prison given the victim was "extremely vulnerable" at the time.
The victim had consumed seven to eight bottles of wine during the course of the day and evening before the rapes, she said.
Sheridan submitted limited discounts should be given for expressed remorse which had come late, plus a small allowance for Harpreet Singh's offer to pay reparation.
Lawyers for both offenders argued a lower starting point of seven years' prison was more appropriate, given the "limited premeditation" involved in the rapes.
Harpreet Singh's lawyer Shaam Bhardwaj urged Judge Christopher Harding to also take into account that his client offered to pay $1600 emotional harm to the victim.
"But my client acknowledges this can't ameliorate what has been done to her," he said.
Bhardwaj said as result of the rape conviction his client's immigration status was also under review and he could face deportation, which was a significant penalty in itself.
Lawyer Andrew Hamblett said his client, who had no family in New Zealand, was not in a position to offer to pay reparation to his victim but would have done so if he could.
"Harpreet is also likely to be deported," Hamblett said.
Judge Harding said that was something he could not take into account and agreed nine years' prison was the appropriate starting point before allowing for mitigating factors.
"You both raped the same woman who was extremely intoxicated in bed in her own home and you, Harpreet Singh, despite the victim's protestations held her down as you did so."
Judge Harding said the rapes, which were clearly premeditated to a certain extent, had left a significant ongoing impact on the victim.
That included the woman struggling with depression and anxiety, having trouble sleeping and she was also now afraid to leave her home, the court heard.
Judge Harding sentenced Harpreet Singh to eight years six months' jail after taking into account this offender's prior convictions for violence against women.
He also ordered him to pay $1600 reparation to the victim.
Baljeet Singh's lesser sentence of eight years four months' prison was in recognition of his relative youth at the time of the rape and lack of prior convictions, the judge said.