Qld rapist to return to jail on appeal

Christine Flatley

Queensland's Court of Appeal has ordered a teenage rapist be sent back to jail because his original sentence was too low.

Xzaveah Elijah Wano was 17 in January last year when he and a friend broke into the woman's home in Cairns and sexually assaulted her while she slept.

They fled when the complainant woke, stealing property from her home before they left.

The pair then broke into a second home with the intention of attacking another woman, who managed to scare them off.

Wano was sentenced in December in the Cairns District Court to three years' jail after pleading guilty to rape, sexual assault in company, burglary and attempted burglary.

However Judge Dean Morzone released him immediately after deeming 323 days served in pre-sentence custody to be sufficient.

State Attorney-General Yvette D'Ath appealed the sentence, with lawyers arguing it was "manifestly inadequate" and it should be replaced with a four-year jail term.

The Court of Appeal on Tuesday agreed with the attorney-general's submissions that the sentence was too low, but said four years was too high given Wano's young age.

The court instead handed down a sentence of three-and-a-half years, and ordered a warrant be issued for Wano's arrest so that he can be returned to jail until he becomes eligible for parole on July 24.