Regina v Bonnie [2013] SBHC 11; HCSI-CRC 254 of 2012 (25 February 2013)

HIGH COURT OF SOLOMON ISLANDS
(PALMER CJ.)

Criminal Case Number 254 of 2012

REGINA

-V-

WALTER BONNIE

HEARING: 7 February 2013
RULING: 25 February 2013

R. Iomea for the Crown;
H. Kausimae for the Defendant.

Palmer CJ.

You have been convicted of a very serious offence, buggery, contrary to section 160(a) of the Penal Code, which carries a maximum sentence of 14 years imprisonment. This is also an unnatural offence and so its effect on the victim can be long lasting and severe.

I note you entered a guilty plea at the first available opportunity when the offence of rape for which you were originally charged was reduced to one of buggery and so credit must be given for that especially in saving court time and expenses and not requiring the victim especially to give evidence in open court and relive the crime that was committed on her.

I note you come from Lipe Villge, Reef Islands in Temotu Province. You come from a large family of nine, that you were married to a woman from the same Island but now separate and have a nine year old boy from that relationship. You also have a ten year old adopted boy who is now residing with your biological mother at your home village. You provide support for those two boys from your earnings as a security officer prior to your arrest and remand in custody.

You were about 40 years old when you committed that offence and have limited primary education reaching about class 2 level.

You were arrested on 18 January 2012 and have been in custody since.

The facts and circumstances of the offence showed that the victim was known to you in that you lived within the same vicinity and from the same place and therefore you were in a position of trust to her. You lured her to go and buy some biscuits and then accosted her and led into a nearby incomplete building and with threats and force committed the crime on her. An appropriate sentence in those circumstances would have been one of 6 years.

There are however a number of aggravating factors in this case that need to be borne in mind which would increase the sentence to be imposed. You were under the influence of alcohol at that time as well. While that is often used as an excuse or explanation for misbehaving or acting irresponsibly, the courts have regarded that as an aggravating feature. I also note that as a consequence the offence was accompanied by force and threats which were used to subdue the victim. When the victim cried you told her not to cry and then held on to shut her mouth. This experience would have been terrifying for this victim and especially in your state of being under the influence of alcohol.

The age gap as well is an aggravating feature in this case, the victim being only 8 years old, a child. This would have added to the terror, fear, confusion and hurt this victim would have experienced and to endure at that time. As well she suffered injuries to her body as a result of that offence and as a consequence that was when the crime was discovered when she started to complain of severe pains and could not walk properly. While no further medical complications have arisen it seems the risk of contracting any disease as a result of this type of crime is something which should be borne in mind.

Another aggravating feature that needed to be borne in mind in the sentencing process is that position of trust and authority you possess over her. She was known to you and the manner in which you lured her into the building and commit the offence on her was serious. You were in a position of trust to her and you abused that trust she had on you.

I note to your credit that you are now remorseful and sorry for what has happened and your guilty plea is consistent with that. This is your first time to appear in court, you do not have previous convictions. Your prospects of rehabilitation appear to be reasonable but that remains a matter to be seen especially in the light of the circumstances of the commission of this offence. It was done when under the influence of alcohol and unless that aspect is resolved this is something which you will have to address for your future.

This court has a duty however to ensure that the element of deterrence is made clear that this type of offending will attract a custodial sentence. Vulnerable members of the community need to be protected and especially young children like the victim in this case from persons like you who have no hesitation to commit such gruesome and troublesome offence. The emotional and psychological damage to such a young mind and personality cannot be fully measured or comprehended.

Balancing all the factors in this case together, I am of the view that a sentence of 5 years is appropriate in this case.

Orders of the Court:

1. Convict the defendant of the offence of buggery and impose sentence of five years imprisonment.
   
2. The period spent in custody to be taken into account.
   

The Court.