A Burnaby man who raped a woman during a home invasion nearly five years ago has been sentenced to twelve years in prison, but once time served is factored in, it works out to less than half that time.
Justin Derek rao took part in the gang-rape during a violent December, 2008 break-in.
At his trial, his brother, Daniel, testified he was the one who sexually assaulted the 24-year old victim, but the judge didn’t believe him.
Prosecutors were seeking a minimum 15 year sentence.
Rao’s lawyer argued he shouldn’t spend more than eight years in prison.
BC Supreme Court Justice Mary Humphries gave him credit for six years, ten weeks in custody, so he’s not expected to spend more than five years, 42 weeks behind bars.
Rao’s co-accused who pleaded guilty, Jason Robert MacFadden– was sentenced to ten years.
With credit for time served, he’ll spend an additional three years, four months in prison.
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