Regina v Buga [2012] SBHC 131; HCSI CRC 99 of 2009 (5 December 2012)

IN THE HIGH COURT OF SOLOMON ISLANDS
(APANIAI, J)
Criminal Jurisdiction

REGINA

V

PETER BUGA

Date of hearing: 4th December 2012.
Date of Sentence: 5th December 2012.

Mr. Kelesi and Ms. Ngava for the Crown.
Mr. Aupai for the accused.

SENTENCE

1. The accused, Peter Buga, has been convicted of indecently assaulting the victim, Ms. Prista Toligizo, at Point Cruz wharf on Friday 7th October 2008.
   
2. The accused now appears for sentence.
   
3. The full facts of the case are set out in my judgment delivered on 3rd December 2012, but for the purposes of sentence, I will briefly set out the main facts as follows.
   
4. The accused had accompanied the victim to the premises of the SI Copra Exporters ("SI Copra") at Point Cruz wharf where the victim's boyfriend, Francis Wale, worked. The victim was very drunk as she had been drinking that day with her tabu. On arrival at the SI Copra area, the victim waited near a SIEA pillar box at the gate to the SI Copra premises while the accused went and ask for Francis. The accused met a SI Copra security officer called Leonard Alufurai who told him that Francis had already left the premises. The accused then returned to the victim but found her asleep near the pillar box. It was there that he indecently assaulted her by touching her breast and vagina and performing indecent acts on her. The accused was arrested and taken to the Central Police Station where he was kept overnight and then released on bail pending his trial.
   
5. Indecent assault is an offence under section 141(1) of the Penal Code. It carries a maximum sentence of 5 years imprisonment. The maximum sentence is of course reserved for the worst kind of offence. This case is not a worst kind of case.
   
6. Previous cases of indecent assault have carried custodial sentences. However, not every case is of the same gravity. There are cases which are more serious than others and there are cases which are less serious than others. The sentence must reflect the gravity of each case.
   
7. Cases which involve young children or breaches of trust or trickery or threats of harm must attract harsher sentences than other types of indecent assault cases. This is the category where such cases as R v Rafita[1] (14 years), R v Tawaia[2] (2 years), R v Foa[3] (3 years), R v Tebounapa[4] (2 years) and R v Tahinao[5] (12 months) come in.
   
8. The present case is not of that category. The offence in the present case is one which was committed on a momentary impulse on seeing the victim lying down dead drunk at an isolated and dark spot at night. Nevertheless, it is an offence and the court must impose a sentence that reflects society's disapproval of it.
   
9. It has been submitted in mitigation that the accused is a first offender; that he was a teacher and now has a job as a carpenter which he might lose if send to jail; that he is 38 years old, is remorseful and has a good prospect of rehabilitation; that the offence was a spur-of-the-moment offence and was never planned; that his family needs him as he is the sole bread-winner in the family. I take these circumstances into account.
   
10. It is also submitted that the accused's marriage is in danger of breaking up because of non-completion of the bride price payment and that the accused needed to attend to that to salvage the marriage. I accept that this is an important factor to take into account.
    
11. I have taken these factors into account in determining the sentence in this case.
    
12. Having considered the aggravating features of this case as well as the mitigating factors referred to above and the range of sentences imposed in past cases for similar offences, I have come to the conclusion that a sentence of 12 months imprisonment would be sufficient for this offence.
    
13. However, in the light of the need to salvage his marriage as well as the circumstances in which this offence was committed, I am reluctant to impose a custodial sentence but will impose a fine of $1,500.00, in default 3 months imprisonment. The fine is to be paid within 14 days from today.
    
14. Order accordingly.
    

THE COURT

James Apaniai
Puisne Judge

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^[1] HCSI-CRC No. 63 of 2011.
^[2] HCSI-CRC No. 437 of 2009.
^[3] HCSI-CRC No. 256 of 2008
^[4] HCSI-CRC No. 033 of 1997.
^[5] HCSI-CRC No. 369 of 2004.