Regina v Atkin [1994] SBHC 47; HCSI-CRC 18 of 1994 (1 December 1994)

IN THE HIGH COURT OF SOLOMON ISLANDS

Criminal Case No.18 of 1994

REGINA

-v-

JOSEPH ATKIN

High Court of Solomon Islands
(Palmer J.)
Criminal Case No 18 of 1994.

Hearing: 1st December 1994
Sentence: 1st December 1994

J. Faga for Plaintiff
B. Titiulu for the Defendant

PALMER J: Give credit for a guilty plea and that a first offender. Offence carries a maximum per offence of 7 years. Case made serious by repetition and over a period of time. It involves a breach of trust. Child is entitled to rely on you for protection, safety, love and affection as father. Have destroyed that. Breach in custom, christian beliefs and the law.

The fact that daughter made advances is insignificant. That is a result of what you have done in corrupting the morals of your own daughter. The daughter whom you should raise, teach and train, but instead you've spoilt her.

Note in your favour, that case been delayed to some extent. An admission was made as early as July 1992, but taken until 2 years later to come before this Court. Must go in your favour. No explanation given for delay.

In June 1992, girl came to Honiara, should have taken stock of what you have done and repented. Instead followed daughter to Honiara and tricked her into having sex with her.

Should feel rightly ashamed, but I do note that you have suffered as a result too. Remorseful.

Should keep away and important that you demonstrate a change of heart and mind. Warned if repeat offence then may spend longer time in prison.

Balancing all factors - 2 years imposed on each count. All other counts concurrent except 1st count (ct.9) to be consecutive. Total sentence-4 years with effect from today's date.

(A.R. Palmer)
JUDGE