Jail term doubled on appeal over backpacker's rape at remote WA beach

Jail term doubled on appeal over backpacker's rape at remote WA beach

A rapist will serve at least two years in jail for attacking a backpacker at a remote WA beach after she rejected his sexual advances.

Darby Michael Jacoby, then aged 20, met the 26-year-old woman at a Broome pub in May last year when she declined to have sex with him.

She rejected him again when he later approached her in his car, asking if she wanted to “go and chill” as she walked back to her hostel.

The woman accepted a lift with him and requested he take her to collect her bike.

Afterwards, Jacoby drove the woman to a fast-food outlet, then to a beach despite her protests.

She rejected his attempts to kiss her, then he forced her onto the sand, throwing away her phone and pinning her down, pressing one hand around her throat to quieten her screams as he raped her.

The woman took photographs of his number plate, but he forced her to delete them, then he left her at the beach with her bike.

Jacoby turned himself in to police when he learnt they were looking for him.

He pleaded guilty to sexually penetrating the woman without her consent and was initially sentenced to two years behind bars.

But the Director of Public Prosecutions took the case to the WA Court of Appeal, successfully arguing the term was “manifestly inadequate”.

The appeal judges considered Jacoby’s youth, remorse, lack of criminal record and rehabilitation steps before determining the sentence was “unreasonable or plainly unjust”.

“On numerous occasions the victim expressly and unequivocally refused to consent to having sex with the respondent,” they said.

“The respondent ignored the victim’s unequivocal expressions of her absence of consent.”

The judges also said Jacoby used significant physical force to subdue the woman.

“The psychological and emotional trauma she has suffered has been profound and ongoing,” they said.

Jacoby will be eligible for parole after serving two years behind bars.