State v Soqonaivi [1997] FJHC 112; HAA0002T.1996S (13 August 1997)

IN THE HIGH COURT OF FIJI
AT SUVA
CRIMINAL JURISDICTION

CRIMINAL TRIAL NO. 0002 OF 1996

THE STATE

V

MAIKA SOQONAIVI

Counsel: Ms R. Olutimayin for The State
Mr. T. Fa for Accused

Hearing: 4th to 11th and 13th August 1997
Sentencing: 13th August 1997

SENTENCING REMARKS OF PAIN J.

Maika Soqonaivi, you have been convicted on a charge of rape, which is generally regarded as the most grave of all sexual offences.

The circumstances of the offence are totally reprehensible. You and the complainant were friends. She trusted you. You invited her to your home when your parents were away on the pretext that you had friends from Australia.

She took part in a convivial drinking session with you and your brother. When she decided to go home, she was urged to stay the night and she had no concerns about that. She went to bed alone.

Some time later, after you had finished drinking, you entered the room where she was sleeping and forced your unwanted attentions upon her. You made your intentions clear. She screamed and struggled against you. You punched her twice in order to subdue her and you threatened her. She was scared. You then pulled off her clothing and had sexual intercourse without her consent.

This whole episode was traumatic for her. She said she was in shock and could not believe that you were doing that to her. She was quite distraught and when she was able to get out of the house she ran home. She was crying and distressed. It was clear when she gave evidence that she still suffers from the memory of what occurred.

This offending calls for a lengthy prison sentence. If I imposed a lesser penalty I would be failing in my duty to uphold the law, to recognize the gravity of the offence, to reflect the concern of the community and to recognize the harm done to the complainant.

However, I must turn my attention to the individual sentencing of you.

The starting point for consideration of an appropriate sentence is 7 years imprisonment.

There are no substantial aggravating circumstances, although some violence was used and you breached the trust and faith that the complainant put in you as a friend.

There can really be no reduction for remorse or a plea of guilty. Remorse was not shown during the trial. You began your submissions to me today by saying that you have been tried for an offence that you did not commit. The only possible show of remorse was in your final remarks which were a request for forgiveness.

You have no previous convictions and your antecedent history shows that you are well liked in the community and doing well. This is to your credit, but previous good character is really of minor importance in an offence of this nature.

Both you and the victim had been consuming alcohol. That may have affected your conduct but it is not a real mitigating circumstance. It is not unusual for crime to be committed by a person who has been drinking. In this case you knew what you were doing. Further, a woman who has been drinking is just as entitled to say no to sexual intercourse as any other woman.

The real basis of your submission is a plea for a light sentence for the sake of your wife and family. It is most unfortunate that you chose to assume family and parental responsibilities while this charge was hanging over you. If convicted, a lengthy prison sentence was inevitable. The ensuing plight of your family is quite tragic and cannot be totally ignored.

I take into account all the matters and circumstances I have mentioned including your personal character and circumstances and the hardship to your wife and child.

However, for the reasons earlier stated a substantial prison sentence is appropriate for this offence.

You are sentenced to 6 years imprisonment.

Justice D.B. Pain