State v Momutu [1994] FJHC 122; HAM0008t.94s (21 September 1994)

IN THE HIGH COURT OF FIJI
AT SUVA
CRIMINAL JURISDICTION

Misc. Case HAM0008T.94S

STATE

v

TIMOCI MOMUTU

Counsel: Ms. Kaimacuata for State
Defendant in Person

Hearing: 21 September 1994
Sentence: 21 September 1994

SENTENCING REMARKS OF PAIN J.

Timoci Momutu, following a defendant hearing in the Magistrates Court you were convicted on a charge of Rape. The Learned Magistrate rejected the explanation that you gave and accepted the evidence of the complainant. For the reasons he then gave the Magistrate found the charge proved. He quite properly remanded you to this Court for sentence.

I have carefully read the record of the proceedings in the Magistrates Court. I have a very clear picture of the circumstances of this offence and the comments of the Magistrate are most helpful.

The girl concerned was a stranger in your village fulfilling a very important position. You deliberately went to her when she was alone during her lunch break, intending to have sexual intercourse with her. You took her by force and very much against her will. She was a single girl 24 years of age and was described by the Magistrate as a person with a "small figure". He contrasted this with your physical features. You are a youthful strong person.

Clearly you terrorised the victim by threats and force that included some physical violence. You made it clear that you intended to have sexual intercourse with her regardless of the consequences. You forced sexual intercourse upon her without her consent and subjected her to other indignities. The evidence accepted by the Magistrate, shows that she was distressed and crying throughout and she was in fear of her life.

I agree with the Magistrate that your actions were despicable and atrocious. The physical and emotional effects upon her must be substantial. The Magistrate commented upon her noticeable expression of distress in Court when she was put through the trauma of reliving the experience in giving evidence.

There are no mitigating circumstances. Certainly this is your first conviction for an offence of a sexual nature but with your convictions you can hardly be given credit because of previous good character.

The gravity of the offence of rape and the need for substantial prison sentences has been emphatically stated by the courts. The circumstances here are that you had a deliberate pre-determined plan to commit rape, upon a girl who was a stranger in the village, a girl who had no capacity whatever to repel your force and was subjected to a terrifying and traumatic sexual experience. I agree with the Learned Magistrate that this offence is very serious and a lengthy prison sentence is called for.

You are sentenced to eight years imprisonment.

JUSTICE D.B. PAIN

HAM0008T.94S