Regina v Waipage [1997] SBHC 29; HC-CRC 046 of 1996 (5 June 1997)

HIGH COURT OF THE SOLOMON ISLANDS

Criminal Case No. 46 of 1996

REGINA

v

JACOB WAIPAGE

Hearing: 5th June 1997 - Sentence: 5th June 1997

J Faga for the Prosecution - P Lavery for the Accused, Accused in Person

SENTENCE

LUNGOLE-AWICH, J:

Jacob Waipage, the accused has pleaded guilty to the offence of rape under sections 128 and 129 of the Penal Code. The court, acting under section 250 of the Criminal Procedure Code, introduced an amendment by adding section 128 of the Penal Code to section 129 stated therein. Counsel were given opportunity to object or in other way assist. They were agreeable to the amendment. The reason why the court introduced section 128 is that it is the section that defines the offence of rape. Section 129 then provides for the penalty applicable. If it is born in mind that the purpose of a charge is to state the offence so that an accused understands clearly the offence he faces, and if it is born in mind that a charge is the statement of offence together with the particulars of offence, then both the section that defines the offence and the section that states the punishment must be stated in the statement of the offence. That way the full extent of what accused faces is laid before the court, and accused is enabled to understand whether his actions or omissions fit in the definition of the offence. The amendment introduced was introduced not so much because of defect. but for fullness sake.

The sentence of the accused here is greatly mitigated by the fact that he has 8 children, 5 of whom are at school. Further it is important to note that he had had sexual intercourse with the complainant on previous occasions with her consent. To lesser extent he must also be given credit for his plea of guilty. On the other hand, he must be made to understand that rape is a serious offence. He is sentenced to 1½ years' imprisonment.

Accused has the right to appeal against sentence only since he pleaded guilty. He is required to notify his appeal in 30 days.

Dated this 5th day of June. 1997

At the High Court, Kira Kira

Sam Lungole-Awich,
Judge