IN THE HIGH COURT OF FIJI
AT LABASA
CRIMINAL JURISDICTION
Criminal Case No. HAC 52 of 2018

STATE

V

PETERO ULUILAKEBA

Counsels:	Mrs. D. Kumar for the State
		Accused in person

Dates of Hearing: 26 July and 03 August 2018
Date of Sentence: 09 August 2018

SENTENCE

1.	The accused was tried in the Magistrates Court at Taveuni on 	one representative count of rape of his step daughter. 

2.	He was found guilty and convicted by the learned Magistrate 	who was of the view that the likely sentence would exceed his 	jurisdiction. In view of that he transferred the case to this Court 	for sentencing pursuant to section 19(1) of the Criminal 	Procedure Act 2009. 

	Facts

3.	The victim (who I shall refer to as “CD” ) lived in Taveuni with 	her mother and step father (the accused). She told the Court 	that the accused started sexually abusing her from the time she 	was in Class 1 and when she was 8 or 9 years old he started 	having full penetrative sex with her. This continued until she 	was in Form 6. He did that to her probably twice a month and 	in some years it would be more than 50 times. He told CD that 	he was doing this because her mother (his wife) could not 	satisfy his sexual demands. He threatened to kill her if she told 	anyone. She would cry when he was doing this and would beg 	him to stop. On a few occasions he had a knife with him and 	once he punched her. Their house was at the end of the village 	near the bush and he would take her into the bush to rape her. 	She never told anybody because of his threat to kill her. It was 	only in 2015 that CD had the courage to report the matter after 	she had joined a Women’s Movement. 

4.	The maximum penalty for rape is life imprisonment and the 	Supreme Court has held that the rape of a child should attract 	a term of imprisonment of between 10 to 16 years (Anand 	Abhay Raj CAV 003 of 2014). 

5.	Although there is evidence of multiple rapes in this case, the 	Court can only sentence for one rape as the charge is a 	representative charge. 

6.	The accused, representing himself has placed before the Court 	two sets of handwritten notes in mitigation. In the first set he 	points out what he claims are deficiencies in the evidence of CD. 

7.	In the second set he pleads total remorse and regret for the 	affair. 

8.	He is 63 years old and his 3 months spent in remand has 	taught him “many life turning point lessons”. He states that he 	is the sole breadwinner and he feels for his children and 	grandchildren. He asks that the Court have mercy for an elderly 	man and that he be given a chance to “improve my wrong 	decision making” and be reunited with his family. 

9.	The State prays that the Court takes into account a Victim 	Impact Report as well as the breach of trust and the use of 	violence in some of the rapes. 

10.	The Victim impact report is very saddening.  CD, now aged 37, 	speaks of the trauma and depression that she still experiences 	as a result of this prolonged abuse. 

11.	She is still single because she finds it very difficult to relate to 	and trust men. 

12.	She is living every day with anger and fear.

13.	The victim’s impact report is hardly surprising. To sexually 	assault and rape a child frequently over a period of ten years is 	unthinkably abhorrent. Society can never condone such 	execrable conduct and it would expect very harsh punishment 	in deterrence of such offending. 

14.	The Court takes a starting point of 12 years for the offence and 	in recognition of the gross breach of trust and the use of 	violence (knife and punching) would add 5 years to that term 	bringing that interim total to 17 years. One year is deducted in 	recognition of his clear record and the time he spent in custody 	awaiting trial meaning that the accused is sentenced to a term 	of imprisonment of 16 years. He is to serve a minimum of 13 	years before he is eligible for parole.

	Orders 

15.	1. Sentenced to 16 years imprisonment.

	2. To serve 13 years before being eligible for parole. 

		P. K. Madigan
		Judge

At Labasa
09 August 2018