DPP v Masi

• 13 charges of common assault, each of which carry a maximum penalty of 5 years' imprisonment;[2] and

• 1 charge of criminal damage, which carries a maximum penalty of 10 years' imprisonment.[3]

1. On 3 June 2025, you were found guilty by a jury of your peers of one charge of rape, which carries a maximum penalty of 25 years' imprisonment.[4]

1. The circumstances of your offending are set out in the Amended Summary of Prosecution Opening for Trial,[5] the accuracy of which you accepted through your Counsel in respect of charges 1-10 and 12-15. The factual basis of charge 11 of rape was adduced at trial given the jury's finding of guilt.
2. Your victim in respect of charges 2-15, was your then intimate partner, Kathryn Williamson.[6] Her male friend, Prakash,[7] was the victim of your assault in charge 1.
3. You were in a relationship with Ms Williamson over a period of five years from about March 2012 through to 2017. Ms Williamson's five children lived part-time with her during your relationship. They bore witness to much of your behaviour towards their mother.
4. At the beginning of the relationship, Ms Williamson lived at 45 Donegall Place, Werribee,[8] and later moved to 27 Fisher Street, Melton,[9] in 2013.
5. You initially visited Ms Williamson intermittently. On 7 March 2015, Ms Williamson gave birth to your son, Jovesa.[10] From this point, you moved your belongings to Ms Williamson's house and would stay there for longer periods.
6. Your relationship with Ms Williamson was fraught from the outset. There was a recurring cycle of conflict, apology, and reconciliation. Arguments frequently escalated to you threatening and intimidating Ms Williamson, damaging her property and being physically violent. Conflict largely occurred when you were intoxicated, often after your rugby matches, and principally concerned issues of infidelity in the relationship.
7. You told Ms Williamson that in your village in Fiji, women and children were not respected and that they could be hurt and used anywhere and anytime. You forced her to watch YouTube videos of violence against women, and justified your behaviour based on cultural norms you said operated in Fiji.
8. Ms Williamson lived in fear of you, isolated and alone and felt that she was trapped in the relationship. Involvement of police did nothing to change your behaviour.
9. A number of the incidents alleged by the prosecution against you are "uncharged acts". They provide context to your charged offending, but you do not stand to be separately punished for them, except insofar as they form an aggravating feature of a charged act.

Damaging Kathryn Williamson's house, March 2012 (Uncharged)

1. In about March 2012, you and Ms Williamson had a verbal argument. She feared that you would return to the house, and she went out with her friend, Prakash. She ignored your numerous phone calls.
2. Prakash drove Ms Williamson home the next day. When they arrived, they found one of her dining room chairs on the bonnet of her car, that the door of the house was ajar, that the house was trashed, that a perfume that you had given Ms Williamson was smashed into the bath, and a hole in the roof.
3. You told Ms Williamson that you did this because you thought that she was being unfaithful to you. Following this incident, Ms Williamson began distancing herself from her friends to avoid conflict with you.

Charge 1 - Assault against Prakash, 17 March 2012

1. On Saturday 17 March 2012, you were at Ms Williamson's house with her watching television. Prakash attended at the front door. Ms Williamson went to the door, and told Prakash to go, hoping you would not hear her.
2. You came to the front door and said, "what the fuck are you doing here?" to Prakash, while Prakash extended his hand to shake yours. You then grabbed Prakash by his throat and threw him off the patio to the ground.
3. You punched Prakash to the face, before he fell backwards hitting his head on the concrete. He fell to the ground unconscious, bleeding from his nose.
4. You left Prakash on the ground and grabbed Ms Williamson by her arm. You pushed her inside the house, locked the door behind you and told Ms Williamson not to "fucking dare go out there". You told her that this is what happens when she lies and cheats on you.
5. Prakash sustained injuries to his face, including a cut to the bridge of his nose, a cut to the inside of his top lip on the left-hand side, swollen lips, a swollen eye and two black eyes.
6. Ms Williamson ceased contact with Prakash out of concern for his safety.

Charge 2 - Assault against Kathryn Williamson, 30 September - 1 October 2012

1. At approximately 8pm on Sunday 30 September 2012, you and Ms Williamson were both at her house watching the NRL grand final on the television. You had both been drinking alcohol.
2. At about midnight, you wanted to go to a night club, but Ms Williamson declined. You then began smashing up the house. Ms Williamson ran into one of her daughters' bedrooms to hide and called 000 at 12.51am.
3. You found Ms Williamson and threatened to hit her. You threw kicks and punches towards her but stopped before they connected. You then left the house once you became aware that she had called 000.
4. Following this incident on 5 October 2012, a Family Violence Intervention Order was issued by the Magistrates' Court and was served on you as the Respondent. This included full conditions excluding you from contacting Ms Williamson.

Relationship Continued to be Fraught throughout 2014 (uncharged acts)

1. In January 2013, the Order was removed by way of application of Ms Williamson, but your relationship continued to be fraught.
2. On Sunday 5 January 2014, you were observed to be arguing with Ms Williamson at 27 Fisher Street and in the street outside the house. As she left the house you followed Ms Williamson yelling loudly at her, grabbing her arm and forcibly pulling at her.
3. Your violent behaviour towards Ms Williamson became worse after she became pregnant with your son Jovesa.
4. On the weekend of 19 and 20 September 2014, you and Ms Williamson went to New South Wales to see your cousin. On the first night of this trip, you became intoxicated and had an argument with Ms Williamson on the drive back to the motel. You ripped the rear vision mirror off the car, before throwing it at Ms Williamson in her shoulder and chest area.
5. Once you got back to the motel, you called her a "selfish cunt," grabbed Ms Williamson by the shoulders and threw her across the bed. She landed with her stomach hitting the edge of the bed and she feared her unborn child had been injured. You told Ms Williamson that you would chase her if she left, before putting your arm around her and falling asleep.

Charge 3 - Assault against Kathryn Williamson, 16 January 2015

1. On Friday 16 January 2015, you and Ms Williamson visited your family in Dandenong, and were staying there overnight. Ms Williamson was 33 weeks' pregnant to you at the time.
2. You became intoxicated during the evening. One of your male family members spoke with Ms Williamson about her pregnancy. You reacted by trying to fight this family member, before turning to Ms Williamson, abusing her and calling her a "slut."
3. You ushered Ms Williamson into the bedroom where you were sleeping. Once you went to bed, you put one arm beneath Ms Williamson across her chest and the other over the top of her belly. You held Ms Williamson so tight that she could barely breathe. You threatened to kill Ms Williamson if she got out of bed, even to go to the toilet, or if she moved or tried to roll over. At this stage in her pregnancy, Ms Williamson would normally go to the toilet 3-4 times overnight.
4. In March 2015, Ms Williamson gave birth to your son, Jovesa. After Jovesa's birth, you virtually moved into Ms Williamson's house.

1. In about April 2015, Ms Williamson found out that you were seeing a woman named Issy.[11] She was angry and confronted you about this. You responded by putting your forearm across her chest. As she tried to scream for help you put your hand over her mouth and told her to "shut the fuck up."
2. Following the uncharged April 2015 incident, you and Ms Williamson separated for a few weeks, before you returned with your belongings. You became more controlling and possessive of Ms Williamson. You threatened Ms Williamson that, if she kicked you out, you would burn down the house with her and the children inside and slit her throat. Ms Williamson feared that your threats were serious.
3. In September 2015, you and Ms Williamson drove to New South Wales, to attend the wedding of your cousin. You had an argument, and Ms Williamson told you that she was going to leave. You grabbed her by her index fingers and twisted them, causing her excruciating pain.

Charge 4 - Assault against Kathryn Williamson, February 2016

1. In February 2016, you had an argument with Ms Williamson while she was holding Jovesa. You threw a deodorant bottle which hit her left breast, and you then blocked the door as she tried to escape. You picked up the deodorant bottle and again threw it hitting her left breast. This left a deep black and purple bruise that covered her whole breast and upper part of her chest.

Charge 5 - Criminal Damage, March - August 2016

1. Between March and August 2016, Ms Williamson confronted you about communicating on Facebook with a woman you had previously been seeing. Jovesa was in the room. You became aggressive and picked up your hunting-style knife from the bedside table and stabbed the bed mattress with the knife, near and around where Ms Williamson was sitting.

Charge 6 - Assault against Kathryn Williamson, 14 March 2016

1. Jovesa had his first birthday party on 13 March 2016 at Fisher Street. Early in the morning on 14 March, Ms Williamson waved goodbye to her friends out the front of her house. When she walked inside, you hit her from behind to the back of her head, abused her, calling her a "fucking cunt", and accused her of hitting on your friends.
2. Part of this argument was heard by a witness, who called 000 and reported that you had calmly threatened to kill Ms Williamson.
3. When the police attended at 2.25am, they observed that Ms Williamson had a large bruise on her left arm and chest, and the inside of the house was trashed with glass on the floor and the television on the ground. You were arrested. At the police station, you said you had pushed Ms Williamson to the back of her head to get away from a friend but did not intend to hurt her, and you did not inflict her bruises.
4. On 14 March 2016, a Family Violence Safety Notice was issued excluding you from contacting Ms Williamson. This was varied the following day to permit you to have safe contact with her.

Charge 7 - Assault against Kathryn Williamson, April - September 2016

1. On an occasion during the 2016 rugby season, which runs approximately April to September, you had been out drinking. You came home to Ms Williamson's bedroom, in which Jovesa was asleep. Ms Williamson told you to leave.
2. You then grabbed her by the throat and pushed her against the wall causing her head to hit a photo frame, breaking the glass. Ms Williamson attempted to hit and scratch you to get free. You squeezed her neck so tightly that she could not scream and could only make a muffled noise. Ms Williamson said she feared for her life. She continued to hit and knee you in the groin.
3. You threw Ms Williamson onto the bed, straddled her, and pinned her arms with your knees beside her. You put your hands over her mouth and nose, while yelling and screaming that you were going to kill her.
4. Ms Williamson thrashed around, bit your hand and hit you to free herself. You then ripped your hand out of her mouth, pinned her arm down again, and placed a pillow over Ms Williamson's face, restricting her ability to breathe. You told her to "shut the fuck up and stop struggling or I'll fucking kill you."

Charge 8 - Assault against Kathryn Williamson, August 2016

1. In the few days before your rugby presentation night in August 2016, Ms Williamson was at home feeding Jovesa. She said something that upset you. You responded by telling her to "shut the fuck up" and punching her to the nose, causing it to bleed on herself and Jovesa. You then grabbed Jovesa from Ms Williamson's arms, saying to her, "Look what you've made me do."
2. Ms Williamson went into the bathroom and saw her face. She called her daughter, Piper,[12] to let her know what had happened, and sent Piper a photo of her face.
3. You then entered the bathroom and removed the SIM card from Ms Williamson's phone so she would be unable to call anyone. Ms Williamson then called Piper using Wi-Fi calling. Once you found out that she was still speaking to Piper, you smashed Ms Williamson's phone and left the room.
4. Shortly after, you returned and apologised to Ms Williamson. You ran her a bath, bathed her, and told her you loved her. You told her that you may have to pay someone to do her make-up for the upcoming rugby presentation night.

Charge 9 - Assault against Kathryn Williamson, on or about 5 September 2016

1. When Jovesa was about 18 months old, Ms Williamson was sitting on the floor, while you were standing over her, poised to hit her. Jovesa moved between you and Ms Williamson, telling you to "Stop, dadda." This stopped you from hitting Ms Williamson, however, you continued to verbally abuse her.

Charge 10 - Assault against Kathryn Williamson, on or about 6 September 2016

1. On 6 September 2016, you and Ms Williamson bought a new car. About a week later, you and she had an argument about the car loan. You were holding Jovesa with one arm when you grabbed Ms Williamson with your other arm by the side of her head and slammed her head on the windowsill multiple times. She had a bruise on her ear from the impact. She screamed for help and ran to the bathroom.

Charge 11 - Rape against Kathryn Williamson, on or about 6 September 2016

1. On the same day as and following the assault in Charge 10, you followed Ms Williamson into the bathroom. You apologised and told her that you loved her, but she pushed you away and told you to leave her alone.
2. You then grabbed her by the whole body and leg and carried her awkwardly to her daughter Charlotte's[13] room where you threw her on the bed.
3. You climbed on top of Ms Williamson and tried to take off her pants. She kept telling you "no" and to get off her, but you kept persisting. She was crying and too scared to try and fight you after you had just smashed her head on the windowsill.
4. You inserted your penis into Ms Williamson's vagina without wearing a condom. She was numb and emotionless.

Charge 12 - Assault against Kathryn Williamson, 7 - 8 October 2016

1. On 7 October 2016, you went to Ballarat with Ms Williamson, her daughter Cassie[14] and Jovesa, to the house of your friend for a Fiji party and to stay overnight.
2. During the day, Cassie and Jovesa went to bed.
3. You and Ms Williamson became intoxicated and had an argument about you flirting with a woman at the party. You became enraged, and Ms Williamson ran from the house.
4. You ran after Ms Williamson and threw her to the ground. She tried to defend herself, but you grabbed her from behind, holding her throat with your right hand and holding her left hand behind her back with your other hand.
5. You lifted Ms Williamson off the ground and squeezed her throat as you walked her across the road. You were squeezing so tightly that she was unable to breathe or swallow. You then threw Ms Williamson down when you reached the other side of the road, and her teeth hit the gutter.
6. You tried to take the car keys from her, but she threw them in the bushes to stop you. Wearing boots, you kicked her repeatedly to the body, back and shoulders.
7. You only stopped kicking her when Ms Williamson pointed to 19-month-old Jovesa running across the road, saying "baby, baby".
8. A resident of the street, hearing the commotion, saw you standing over Ms Williamson and grabbing her by her hair, called 000.
9. Ms Williamson remained on the ground for some time. When police attended, you told them that Ms Williamson was just intoxicated. Police then left.
10. Ms Williamson was helped back to the house by some other women at the party. You, however, continued to abuse her and ordered her to go to bed.
11. Following this incident, the relationship between you and Ms Williamson virtually stopped, although you would occasionally see each other.

Uncharged act - Criminal Damage, 28 January 2017

1. In early January 2017, you moved back into Ms Williamson's house.
2. On 28 January 2017, you and Ms Williamson had a verbal argument in the car about you being unfaithful. You then began smashing up the car and punching the mirror on the back of the sun visor, which lacerated your hand. You blamed Ms Williamson for the injury and began pushing her before she took you to hospital.

Charge 13 - Assault against Kathryn Williamson, January - March 2017

1. In early 2017, you ripped open a hard-plastic chemical bottle for Ms Williamson's large fish tank and started hitting her on the left arm with it, causing several gouges to Williamson's left arm and shoulder.

Charge 14 - Assault against Kathryn Williamson, January - 7 June 2017

1. On one occasion in 2017, Ms Williamson went into work a couple of hours early. You thought she was leaving to cheat on you. You emptied the chemicals into her large fish tank, which killed every fish in the tank.
2. On this or another occasion, you threw a bowl at Ms Williamson that missed her but shattered the fish tank.

Uncharged act - Assault against Kathryn Williamson, March - 7 June 2017

1. In around the middle of 2017, you and Ms Williamson were at the Rugby Club. You became enraged when you heard her talking with others about you. Ms Williamson ran outside, and you chased her. She managed to get back inside while you were locked outside. Your coach managed to move you away.

Uncharged act - Spitting in Kathryn Williamson's face, 7 June 2017

1. On 7 June 2017, Ms Williamson was getting ready for work. You began yelling at her and accused her of being unfaithful. You called her the names of "slut", "whore" and "bitch". You did not allow her to take Jovesa, and you spat in her face several times. You told her that if she called the police, you would cut her throat.
2. Ms Williamson picked up scissors to protect herself, ran into the street and called 000. Police attended and arrested you.
3. This was the last time you were at Ms Williamson's house other than when you returned to collect your belongings.

Charge 15 - Assault against Kathryn Williamson, June - December 2017

1. You continued to look after Jovesa at your house when Ms Williamson was at work after your separation. On one occasion, she came to collect him from your house. She picked up Jovesa from inside the house and put him in her car.
2. Upon returning to the house to pick up her bag, you cornered her in the bedroom. You threw her about, threatened her with a hunting knife, and did not allow her to leave until your housemate returned home.

1. All but one of the 13 charges of common assault were committed against your domestic partner, Kathryn Williamson. The victim of charge 1 was Prakash, a male friend of Ms Williamson, and your assault of him occurred in the context of your violent and controlling relationship with her.
2. The overall circumstances of your offending against Ms Williamson involved serious examples of family violence over the course of your five-year relationship. Nine of the 13 charges involved the actual application of unlawful force on the victim. Prakash suffered facial injuries which prevented him from leaving the house. Ms Williamson suffered a massive bruise when you threw a deodorant bottle at her chest;[15] and bled profusely when you punched her to the nose while she was breastfeeding your son,[16] and also suffered an injury to her face and jaw when you threw her to a gutter.[17] Charges 7 and 12 are rolled-up charges involving prolonged incidents. As such, a significantly higher sentence will be justified in respect of those charges.
3. Some assaults, such as those causing actual injury, those where your child was present, and which were aggravated by uncharged acts of criminal damage, threats to kill, or involved the use of a weapon, are more serious examples than others and I characterise those as midrange examples of this offence type.
4. The charge of criminal damage where you stabbed the victim's mattress with a hunting knife whilst she was on the bed,[18] is a particularly nasty example of this offence type. Whilst the quantum of damage involved may not be particularly high, the victim was unable to afford to replace her mattress so had to live with the damage as a constant reminder of your violence. Given the malice involved, this is a moderately serious example of this offence.
5. The most serious of the offences is charge 11 of rape. It is appropriate to consider the gravity of your offending in the context of the overall history of family violence.

Rape is an inherently serious criminal offence, carrying a maximum penalty of 25 years' imprisonment. You assaulted Ms Williamson in the half hour prior to the rape, using physical force to bang her head 2-3 times on the windowsill and causing her head to become swollen and bruised. As this assault is subject of a separate charge for which you will be punished separately, I will not consider it strictly as an aggravating feature of the count of rape.

1. By way of context, it is relevant to note that Ms Williamson was crying and distressed following that assault. The only other person present in the home was your 18-month-old son, and no-one responded to her screams for help. She was particularly vulnerable at the time, and your rape of Ms Williamson occurred in the context of a longstanding, increasingly violent intimate relationship.
2. Whilst you assaulted Ms Williamson some 30 minutes prior to this offence of rape, no actual physical violence or use of weapons accompanied the rape itself, nor is there evidence of premeditation.
3. Rape in the context of a marriage-like relationship involves a breach of trust.[19] Each spouse depends on the other for respect, care and protection. By forcing Ms Williamson to have sex with you against her wishes, when she was distressed and injured, you fundamentally breached her trust and were concerned only with satisfying your own sexual gratification. This breach of trust is an aggravating feature of your offending.
4. The offending occurred in the context of an ongoing sexual relationship in which you had conceived a child, and therefore the fact that you did not use a condom on this occasion is not an aggravating feature here.
5. Cultural norms can never excuse violence against women, nor does the behaviour of your intimate partner in your relationship. You, and you alone, Mr Masi, are responsible for your choice to use any form of violence towards members of your family. Police, and possibly a Court, had explained to you that you were not to use family violence against Ms Williamson prior to your decision to force her to have non-consensual sex with you. You knew that your behaviour towards your intimate partner was unacceptable. Your moral culpability for this offending is high.
6. Objectively, I characterise the count of rape as a midrange example of that offence type.

1. Kathryn Williamson gave extensive evidence at trial and was cross-examined. The request to relive her painful memories following the finding of guilt by the jury to provide a victim impact statement on this plea proved too traumatic for her. Instead, I have regard to the emotional and psychological impact of the offending upon her and her children as referred to in their evidence at trial.

1. Mr Masi, you are presently aged 40 years and were born and raised in Fiji. You are the third of eight siblings.
2. You recall your childhood as happy and normal. You told Psychologist, Mr Jeffrey Cummins, that your father was "a bit rough on me. He took me out of school in Grade 7 when I was 14 because he wanted me to work on the farm."[20] You felt compelled to follow your father's directions and worked on the family vegetable farm until you were 24 and moved to Australia.
3. One of your younger sisters sadly died at age 13 from a heart issue after being sick for some time. You were then 15. Your mother passed away in 2021, and because you were on bail at the time, you were unable to return to Fiji for her funeral. All of your immediate family reside in Fiji.
4. You met Anna[21] when you were 18 and married her at 21 in Fiji. You relocated with Anna to Australia shortly before the birth of your son, Brayden,[22] in October 2010. Your marriage with Anna ended in 2014. You remain in continuing contact with Brayden.
5. You and Ms Williamson share a son, Jovesa, who is now 10 years old. You have not had any contact with him since 2020.
6. Your most recent relationship is with Marika Keretene.[23] You share two sons with her, aged 4, and 1. Ms Keretene loyally attended court to support you throughout your trial. I am unclear whether she remains living in Australia or elsewhere.
7. Your first-born son with Ms Keretene lives in New Zealand with his maternal grandmother. This is a customary Māori practice in which the eldest child is brought up by their grandparents.
8. You played a significant role in raising Ms Keretene's daughter who was born between your two sons to her. That child has now returned to New Zealand to live with her father.
9. You were the primary caregiver for your youngest son since he was born until your remand.
10. Since arriving in Australia, you have worked in numerous different roles including landscaping, as a lifeguard, as a bartender and in security. Up until your remand you were employed installing gym equipment.
11. The volume of your personal references tendered on your plea attest to your strong connection to your extended family and to community.

1. You consulted Provisional Psychologist Jason Chang in the context of attempting to overcome barriers to employment. In his letter dated 27 February 2024, Mr Chang reported that you were experiencing significant stress, anxiety and depression due to "stressful court processes," which were impacting your ability to maintain employment at the time.[24]
2. You were assessed by Psychologist, Jeffrey Cummins, who notes that you were previously prescribed antidepressants but had not had other mental health treatment. Mr Cummins diagnosed you with an Alcohol Use Disorder, severe in type, a Borderline Personality Disorder, and as suffering from a Major Depressive Disorder with associated features of anxiety.[25]
3. You expressed guarded regret and remorse regarding your assaults upon Ms Williamson to Mr Cummins, but he noted that you had very limited victim empathy. He found you to be a "vague interviewee,"[26] and you were unable to understand the connection between your alcohol consumption and your offending. As such, he was not able to obtain sufficient information from you to fully assess your risk of reoffending. With that qualification, Mr Cummins assessed your risk of committing a further offence of violence as at least moderate-high risk, and an average risk of committing a further sexual offence.
4. Mr Cummins recommended that you require offence specific treatment to assist you to develop more insight into the seriousness of your offending as reflected by the jury verdict, as well as to address your therapeutic needs.[27]

1. Two volumes of letters in support authored by members of your family and community were tendered on your behalf.[28]
2. The authors speak of your significant change in attitude, demeanour and view of how you should conduct yourself since your offending. They attribute these changes to the steps you have taken to address your substance abuse and mental health issues.
3. By way of illustration, Marika Keretene reconnected with you during the trial. She said:

"In 2020, he was diagnosed with anxiety and depression. That diagnosis marked a turning point... I watched in admiration as [Timoci], especially as a Pacific Island man, faced those challenges head on. He enrolled in men's health and relationship programs, began taking antidepressants, on special occasions would have one or two beers when going out for dinner, and began reshaping his life. These were not superficial changes... they were genuine, sustained progress..."[29]

1. Ms Keretene further spoke of your "consistent commitment to building a stable and responsible life" once becoming a father to Tui Terere,[30] noting from this point, your "priorities shifted," becoming "a present, dependable and contributing member of our whānau[31] and community."[32] She wrote:

"In 2022, I became pregnant with my daughter... When I returned to Melbourne and told [Timoci], even though we were not together at this point, he responded with calmness and maturity. By then, he had given up drinking almost entirely, found stable employment, obtained his driver's licence, bought his first vehicle, and secured a home. These actions may seem small to some. For [Timoci], these were big steps for someone who never thought he would be able to achieve on his own..."[33]

"...I have been [Timoci's] primary point of contact since his incarceration. I visit him with our youngest child twice a week, we hold a weekly Zoom call, and [Timoci] calls me between four and six times a day. These regular interactions ensure he remains actively involved in mine and our children's lives and continues to play a meaningful role as a father, despite the challenges we face."[34]

1. Ms Keretene emphasised the "deep trauma to our children" caused by your incarceration, stating it "has undone much stability we fought so hard to build," but that she believes in your potential to continue to heal.[35]
2. Ms Aroha Tame,[36] head of the Women's Leading Group at Altona Meadows Uniting Church, described that you carry yourself with "humility and warmth" as "a familiar and reliable face in our church family."[37] Ms Tame wrote of her admiration for your support of young Fijian men, and your handling of the trial and the charges before you, and she has described you as "quiet [and] reflective," noting that you have not tried to avoid responsibility for your conduct.[38]
3. Mother of Ms Keretene, grandmother to your children with her, and a former Member of New Zealand Parliament, Amiria Keretene,[39] wrote of the cultural understanding and care you exhibit as part of the family, and that since knowing Ms Keretene, you have distanced yourself "from negative influences, sought stability, and worked hard to improve his living environment." Ms Keretene Senior believes you have more to offer your whānau and community.[40]
4. Your son, Brayden Masi, aged 14, wrote that he always feels relaxed around you, knows that you care about him, and that he has fun when spending time with you. He finished his letter by emphasising how special spending time with you and his siblings is, and that he needs you in his life, "especially as I get older."[41] Your ex-wife, and mother to Brayden, Anna Schmitt,[42] echoes that you "have taken steps to have a more consistent presence in Brayden's life," and believes that you are in a "healthier space" in your life now, allowing you to make "better choices" for yourself and your children.[43]
5. The remaining letters from other members of your family and community echo these themes.[44]

1. You indicated your intention to plead guilty to the facts underlying the charges of the assault and criminal damage on 27 August 2024, in the context of there being strong corroborative evidence of your guilt in respect of those matters. The victims, Ms Williamson and Prakash, were still required to give evidence at trial about these charges insofar as they related to the rape count, so Ms Williamson was not entirely spared from the experience of cross-examination. Your plea of guilty did facilitate the course of justice to a degree and will be taken into account upon sentence.
2. You expressed to Mr Cummins that you felt the trial was unfair because "I didn't really get to give my side of the story - like Kathryn was always drinking alcohol and she used drugs and yes, we would often fight."[45] Your statement demonstrates your lack of empathy for the victim. It is at odds with what is said by your extensive referees. As such, I accept that you are remorseful for the situation in which you have found yourself, and the harm that it has caused your family and children, but that you are not genuinely remorseful for your offending against the victim and the harm it has caused her.

1. The delay in this case is not attributable to your conduct and has caused you considerable anxiety over a number of years. Whilst you have subsequently reoffended, that offending is not of a sexual nature. There are no reports of offending by you over the past five years.

1. You did not have a criminal record prior to committing charges 1 and 2. On 11 November 2014 you were ordered to serve a Community Corrections Order for 12 months for indecent and unlawful assault. This Order required you to engage in assessment and treatment for alcohol use and to attend offending behaviour programs. Whilst this Order was breached, you have subsequently completed all programs.

1. You came to Australia on a spousal visa, which led to permanent residency, but you are not an Australian citizen. The sentence I will impose today will enliven the Minister's power to mandatorily cancel your visa and deport you from Australia. I accept that this is likely to make your incarceration more burdensome because you may experience anxiety about the prospect of deportation and you will lose the opportunity to remain in Australia where some of your children reside.[46] This is a factor I take into account in determining sentence.
2. You have been on remand since the jury verdict, and this is your first time in custody.

1. You have used your time in custody productively, engaging in various courses and obtaining some qualifications. Your referees speak of those courses and treatment you have undertaken.
2. In 2023 you were resentenced for contravening the Community Corrections Order. You have completed the Order which required you to participate in programs to address alcohol use and intimate partner violence. You have participated in raising your young children, maintained your relationship and been engaged in employment since 2022. You have a strong connection to your local community and extended family, and this is a protective factor. These steps towards your rehabilitation are positive. Noting Mr Cummins' opinion above concerning your risk of reoffending, I accept that your prospects of rehabilitation are at least fair.
3. I have taken into account all matters outlined in the detailed written submissions filed with the Court in advance of the plea hearing,[47] as well as the oral submissions raised on your behalf, together with the psychological material and references tendered to the Court. Your Counsel, Mr Desmond, concedes that a head sentence with a non-parole period is inevitable, but submits that a degree of concurrency between individual sentences ought be accorded in the circumstances to appropriately address the principle of totality.
4. I have been referred to comparative cases by both parties which illustrate current sentencing practices for the offences to which you have pleaded guilty. I note that your offending occurred prior to the standard sentencing scheme introduced for the offence of rape. Therefore, that scheme does not apply in your case. I have therefore only had regard to pre-standard sentence comparative cases for the offence of rape in a family violence context.
5. Mr Masi, given the family violence context of your offending, the sentencing principles of general and specific deterrence, just punishment, denunciation and community protection are all applicable in your case.
6. In sentencing you I must have regard to a range of matters such as the seriousness of the totality of your offending, your culpability for it and your personal circumstances. I must balance the interests of the community in denouncing criminal conduct and deterring you and others from engaging in similar offending, with the interests the community clearly has in seeking to ensure, as far as is possible, that offenders are rehabilitated and reintegrated into society.[48] I must impose a sentence which is proportionate to the gravity of the offence, considering the circumstances, and I will do so by according you a significant degree of cumulation between individual sentences to achieve a sentence which is no more than is necessary to satisfy these various sentencing objectives.

1. Timoci Masi, I convict and sentence you to a total effective sentence of 8 years and 8 months' imprisonment. You must serve 5 years and 9 months' imprisonment before becoming eligible for parole.
2. In respect of charge 11 of rape, I convict and sentence you to 6 years' imprisonment. This will be the base sentence. Each other sentence will be partially concurrent with the base sentence in charge 11. I will outline the sentence, and the degree of cumulation upon that base for each charge as follows:

1. No application was made pursuant to the Sex Offenders Registration Act 2004 and no ancillary orders were sought.

1. Pursuant to s 18 of the Sentencing Act 1991,[49] the period of 134 days of pre-sentence detention (not including today) is hereby declared as having already been served in respect of this sentence, and I order that such declaration and its details be entered in the Court records.

Section 6AAA Declaration

1. Pursuant to s 6AAA of the Sentencing Act 1991,[50] I indicate that had you pleaded not guilty to all charges and been found guilty after trial, I would have sentenced you to a total effective sentence of 12 years' imprisonment with a non-parole period of 9 years.

Index 1 - Full list of Letters of Support and their Authors

• Marika Keretene - 27/8/2025
• Aroha Tame - 10/7/2025
• Uru Keretene[51] - 5/7/2025
• Oki Keretene[52] - 6/8/2025
• Nako Tapihana[53] - 19/8/2025
• Amiria Keretene - 21/6/2025

• Mere Munu[54] - 26/05/2025
• Rea Wetere[55] - 16/05/2025
• Newea Henare[56] - 24/02/2025
• Areta Rara[57] - 28/06/2025
• Hamish Enoka[58] - 28/06/2025
• Airini Tame[59] - 10/07/2025
• Jane Verba[60] - 16/05/2025
• Brayden Masi - 18/05/2025
• Hara Taera[61] - 28/08/2025
• James Pikari[62] - 20/05/2025
• Robert Isaacs[63] - 19/05/2025
• Anna Schmitt - 18/05/2025
• Sarah Yalow[64] - 14/07/2025

[2] Crimes Act 1958 (Vic) s 31.

[3] Crimes Act 1958 (Vic) s 197(1).

[4] Crimes Act 1958 (Vic) s 38(2).

[5] Amended Prosecution Opening for Trial (13 May 2025).

[19] As discussed by the Court of Appeal in DPP v Patil (a pseudonym) [2020] VSCA 337, [55].

[20] Jeffrey Cummins, Psychological Report Re: Mr Timoci Masi (19 August 2025), [11].

[24] Jason Chang, Letter from Provisional Psychologist (27 February 2024).

[29] Marika Keretene, Letters of Support Vol 1 (27 August 2025).

[31] A Māori word for extended family group.

[37] Aroha Tame, Letters of Support Vol 1 (10 July 2025).

[40] Amiria Keretene, Letters of Support Vol 1 (21 June 2025).

[41] Brayden Masi, Letters of Support Vol 2 (18 May 2025).

[43] Anna Schmitt, Letters of Support Vol 2 (18 May 2025).

[45] Jeffrey Cummins, Psychological Report Re: Mr Timoci Masi (19 August 2025), [28].

[46] In accordance with the principles explained in Guden v R (2010) 28 VR 299, [27].

[47] Outline of Defence Submissions - Plea Following Trial (19 August 2025).

[48] In accordance with the purposes set out in Sentencing Act 1991 (Vic) s 5.

[49] Ibid, s 18.

[50] Ibid, s 6AAA.