Regina v Iroi - Sentence [2004] SBHC 31; HC-CRC 150 of 2003 (7 April 2004)

HIGH COURT OF SOLOMON ISLANDS
Criminal Case No. 150 of 2003.

REGINA

v.

JOHN IROI

HIGH COURT OF SOLOMON ISLANDS.
(KABUI, J.).

Hearing: 6/7/2003.
Sentence: 7/4/2004.

Kabui, J. Rape is always a serious offence, carrying the maximum penalty of life imprisonment. However, section 24(2) of the Code does allow custodial sentences to be for shorter terms. Rape attracts custodial sentence straight away. The only issue is how long such custodial sentence is to be in each case. I bear in mind the words of Ward, C.J. in Regina v. Ligiau & Dori [1985/86] SILR 214 uttered at 214 to 215 thus-

“...Rape is an extremely serious offence. It is an offence of violence based on selfish disregard of the rights and feelings of another and is likely to cause, more than almost any other offence, serious and long-lasting harm to the victim.

The problem in sentencing for such an offence is that, when the court is faced with a contrite offender, too often mitigating factors are allowed to push consideration of the victim and the offence itself into the background. In sexual offences as a whole, and rape and attempted rape in particular, matters of mitigation personal to the offender must have less effect on the sentence than in other serious crimes...”

I also bear in mind the general guide for sentencing in rape cases stated by Lord Lane, C.J. in R. v. Billam [1986] 1 WLR 349 cited by Ward, C.J. at 215 of His Lordship’s judgment. I do take into account the fact that the complainant suffers no physical injuries arising from the rape committed on her by the accused. The fear that gripped her on being accosted by you up to the moment of sexual intercourse against her will must be accepted as being a very unpleasant experience for her. She said in evidence that she thought you were going to kill her if her relatives did not come to her rescue. I take into account that you do have a clean record without any previous conviction and that you have a wife and two children to look after. You are of course unemployed. I also take into account that you had consumed beer and must have affected your judgment but that cannot be an excuse for forcing a woman against her will to have sex with you. You used no weapon against the complainant but overpowering a woman using your strength as a matured man who is physically stronger than your victim and shutting her mouth to prevent her from shouting to enable you to have sex with her in silence without raising alarm was wicked of you. I will send you to prison for what you did to the complainant. The appellant in R.v. Olugboja [1981] EWCA Crim 2; [1981] 3 All E.R. 443 was imprisoned for 2 years and 6 months. Although rape had been proved in that case, the level of force used was not physical force but the complainant was placed in a situation where she would not have had much choice in refusing sex because the appellant would have gone ahead with his request in any case bearing in mind the fact that the appellant’s friend had just raped and then being about to be treated in a similar way by the appellant. In your case you had used physical force against the complainant by using your hands, legs and body to move the complainant to the spot where you raped her against her will. I hereby send you to prison for 4 years. Your prison sentence is effective from 19/7/2003, the day you were arrested placed into custody. You are entitled to appeal against this sentence.

F.O. Kabui, J.