Regina v Vuda [2008] SBHC 118; HCSI-CRC 163 of 2006 (4 July 2008)

HIGH COURT OF SOLOMON ISLANDS
(Mwanesalua, J.)
Criminal Case No. 163 of 2006

REGINA

V

NATHANIEL VUDA

Date of Hearing: 3 July 2008
Date of Judgment: 4 July 2008

Ms: Kleining for the Prosecution
Ms: Munamua and Ms Anderson for the Accused

SENTENCE

MWANESALUA, J:

1. I found you guilty of one count of rape and convicted of the offence on 3 July 2008. It was an offence which you committed on 28 November 2004.
   
2. Elizabeth Geli was aged 17 when you raped her. She was then a young person under our Domestic Law ([1]), but a child under International Law ([2]), which Solomon Islands is a states' party. You subjected her to your sole control once you brought her out of the dance until after you have raped her.
   
3. You inflicted injuries to her labium majus, perineum, introitus and hymen. There were lacerations caused by a blunt instrument, your penis.
   
4. You subjected her to degrading and humiliating treatment. On and above the degrading and humiliating offence of rape, you ejaculated over her tummy. She was not your legitimate sexual conduit. Towards the end of fulfilling your strong desire for sex that night, you further humiliated her by that act.
   
5. You were charged by the police on 26 May 2005 and committed for trial to the High Court on 7 April 2006. You were released on bail conditions, inter alia, that you were not to leave Honiara and were to report to Central Police Station, in Honiara, three times a week – pending trail. You broke these bail conditions. You were thus not in Court on 30 May and 23 June this year. You had to be arrested on bench warrant and brought to Court for your trial. You further delayed your own trial from 30 May to 25 June 2008.
   
6. You were aged 24 years when you committed your offence. You are married with four children whose ages range between four months to five years. You are now about 28 years old. You have no previous convictions before you were convicted of your offence yesterday, 3 July 2008.
   
7. You have caused lacerations and pain to the victim when you raped her. However, the lacerations were minor and healed within three days.
   
8. There is one serious feature in your case. I have described that in paragraph 4 above.
   
9. The significant mitigating feature in your favour is the delay of three years before your trial. That will reduce the sentence to be imposed on you.
   
10. Rape will always be a most serious offence. It has a maximum imprisonment sentence of life imprisonment. But is gravity will depend very much upon the circumstances of the particular case. It is an offence of violence based on a selfish disregard of the rights and feelings of girls and women in this Country. It is one likely to cause serious and long-lasting harm to the victim. The starting point of the sanctions for rape in this jurisdiction, where no aggravating features are present, is five years imprisonment ([3]).
    
11. The sentence which fits your offence at this point in time, after taking your mitigating features into account, is one of four years imprisonment beginning from 25 June 2008, the date you were placed in custody for purposes of this trial.
    
12. You are sentenced to four years imprisonment accordingly.
    

THE COURT

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^[1] Juvenile Offenders Act (Cap. 14) 5.2.
^[2] Convention on the Rights of the Child Article 1.
^[3] R-v-Ligian and Dori HCSI Criminal Case NO. 35 of 1986