Regina v Graham [2013] SBHC 122; HCSI-CRC 262 of 2012 (30 August 2013)

IN THE HGIH COURT OF SOLOMON ISLANDS
(Mwanesalua J)

Criminal Case No. 262 of 2012

REGINA

–V-

JOHN GRAHAM

Hearing : 19 August 2013
Judgment : 30 August 2013

Lavinia Fineanganofo for the Crown
Chris Rarumae for the Accused

JUDGMENT

1. This is a defilement case. The Accused is John Graham who comes from Turarana Village, Central Guadalcanal, Guadalcanal Province. He is a young person of approximately 20 years of age when he committed the offence on 22 May 2012. He was a student at Turarana Primary School doing class six when he committed the offence.
   
2. The victim in this case is Lavinta Susie Chika. She is also from Turarana Village. She was also a class 6 student at the Turarana Primary School when the Accused had unlawful sexual intercourse with her on 22 May 2012. She was 14 years old when the offence occurred.
   
3. The offence carries a maximum sentence of five years imprisonment. The Accused was charged under section 143 (1) (a) of the Penal Code. That means that the Accused had unlawful sexual intercourse with the victim she was between thirteen and fifteen years old when the offence was committed on 22 May 2012.
   
4. There are agreed facts between the prosecution and the defence in this case. The material facts are the following. The victim is now doing Form one at Turarana School. On the evening of 22 May 2012 between 7pm and 8pm, the victim was on her way to her house when she met the Accused. The Accused held her to the boys lodge at Turarana Village. She went willingly with the Accused.
   
5. They conversed for while upon arrival at the lodge. Then the victim undressed herself and lay down on a bed widening her legs. The Accused lay on her and push his penis into her vagina until he ejaculated. She was wet and slippery at her vagina. The victim was a willing party because they were in a relationship. The Accused left the victim and jumped outside through a window when her Aunt and Mother were calling out for her from outside. The victim left the lodge and spent the night with her girlfriend. The case was investigated by the police. A medical examination was carried out on the victim on 24 May 2012. The medical report revealed no blood at innoitus, no perineal, vaginal or cervix tears. Perforated hymen was noted and was positive for trichomoniasis infection. The Accused was arrested, interviewed and charged on 25 May 2012. He has no previous convictions.
   
6. The Accused was of previous good character. He has no previous convictions. The victim consented to the act of sexual intercourse. She sustained no injuries to her vagina. And the Accused has been in custody for one year, three months and four days. There was delay in the disposal of his case in court. I consider that the period had been in custody is sufficient punishment for his offending. The Accused is accordingly sentenced to a fine of $500.00. It is to be paid within 14 days. In default, two weeks imprisonment. Order accordingly.
   

THE COURT