Regina v Anga - Sentence [2012] SBHC 151; HCSI-CRC159 of 2012 (6 December 2012)

IN THE HIGH COURT OF SOLOMON ISLANDS
(PALLARAS J)

CRC No. 159 of 2012

REGINA

V

ANGA

Hearing Dates: 12-14 November 2012
Verdict Delivered: 26 November 2012
Sentence Delivered: 6 December 2012

Coram: Pallaras, J.
Crown: Mr. Iomea
Defence: Mr. Holara

Sentence

Pallaras J:

1. On 26 November 2012 you were convicted of raping Susan Leonard Mani, a 13 year old girl, on 2 March, 2012. You admitted having sexual intercourse with her but claimed in your defence that the intercourse was with her consent.
   
2. In my verdict I set out the reasons for my decision, rejected your assertion that the Complainant consented and convicted you of one count of rape.
   
3. I also found that you committed this offence after long hours of drinking beer and after an extended argument with your wife during the day and evening. While in a drunken and angry state you made the decision to remove your two year old son from his mother and take him with you to a fishing village in Honiara.
   
4. That action was to be the cause of your wife, her mother and the Complainant leaving home to look for you and the child so that the child could be returned home.
   
5. Because you had ignored your mother in law's requests and had caused your wife to be too frightened to approach you, the Complainant was asked to collect the baby from you. I have previously commented on this reckless attitude shown by the adults who were with the Complainant.
   
6. It was when the Complainant sought to retrieve the child from you that you took the opportunity to force yourself upon her and rape her. Whether this was a result of anger towards your wife or because of the alcohol you had consumed is now of little importance.
   
7. You have freely admitted in evidence that when you saw the Complainant approach you your very first thought was that you wanted to have sex with her. You put that desire into effect with absolutely no regard for the welfare of the 13 year old girl whom you attacked.
   
8. There are obvious aggravating features to your crime. You are approximately 30 years of age, married with a child of your own. The Complainant was 13 years old.
   
9. You threatened her with death should she reveal what you had done to her. Your threats to use your knife clearly terrified the young girl.
   
10. To your credit, you have no previous convictions and I am told that you were co-operative with the police in their investigations. You used no force additional to that required to commit the offence and you have always been willing to admit the fact of intercourse including a preparedness to plead guilty to the offence of defilement. You committed this offence in an opportunistic way rather than as a result of any preplanning.
    
11. Arriving at an appropriate sentence involves a recognition of the penalty provided under law – in this case, life imprisonment, a consideration of both the aggravating and mitigating features, of having in mind the aims of good sentencing practice and a consideration of established sentencing principles. The aim is always to reach a fair and just penalty for the crime committed.
    
12. In all of the circumstances of this case and after taking all of those matters into account, a fair and just penalty for the offence committed by you is a sentence of 6 years imprisonment.
    
13. It is the Order of this Court that you be sentenced to imprisonment for 6 years, such sentence to commence as at 5 March 2012.
    

THE COURT