Regina v Lao [2013] SBHC 184; HCSI-CRC 44 of 2011 (29 November 2013)

HIGH COURT OF SOLOMON ISLANDS
(Mwanesalua J)

Criminal Case 44 of 2011

REGINA

–V-

PETER LAO

Hearing Submissions : 11 November 2013
Sentence : 29 November 2013

Ms Miriam T Manata for the Prosecution
Ms Tearo B. Walenenea for the Accused

SENTENCE

1. On 18 October 2013 you pleaded guilty to six offences under the Penal Code. They are: one count of rape; one count of insulting the modesty of a girl; three counts of indecent assault and one count abduction. You committed these offences with a young girl. The first name of the victim is Jenny. She was still at school when the offences were committed on 9 May 2010.
   
2. These are the agreed facts of your offending: On 9 May 2010, you used your 15 seater bus to transport the victim and your other relatives for a picnic to celebrate mother's day at the beach. In the evening you transported everyone back to their homes in Honiara. You were drinking alcohol that day. Later that evening you, the victim and others were at a relative's house at Kobito 1. The complainant was waiting for you to be dropped off at her house. While waiting, she felt tired so went to sleep at the back seat of your bus. You went into the bus and woke up the victim. You were already naked and forced the victim to look at your body, including your penis, by pulling her hair while she lay on the back seat of your bus. You then put your penis down into the victim's shirt, held and squeezed her breast. Your wife and sister came to the bus. You left the victim to the driver's seat and drove the bus away with the victim with you. At that time you intended to have sexual intercourse with her.
   
3. The court received written submissions and heard verbal submissions from counsels for the prosecution and the defence. The prosecution referred to the aggravating factors in the case. They contend the court pass sentence that truly reflect the seriousness of the case. The defence contend that the court sentence the accused to 4 years imprisonment with 2 years to be suspended.
   
4. As set out in paragraph 1 above, you have been convicted of rape, abduction, indecent assault and insulting the modesty of a girl. Each of these offences respectively carry a maximum imprisonment sentence of life imprisonment, seven years imprisonment, five years imprisonment and one year imprisonment. However, I bear in mind, that the maximum custodial sentence for each of offences be reserved for the worst form of such offences (Byrne (1975) 62 cr. App.R.159; Smith [1976] crim.L.R.468)
   
5. You have a record of previous convictions comprising: assault causing actual bodily harm; consuming liquor in a public place; drunk and disorderly; drunk and incapable; using abusive words and using threatening words. You have been fined and bound over for one of those offences. You have committed them between 1995 and 2006. The court noted that you have not committed any further offences from 2006 until the current offences on 9 May 2010. Your previous criminal record shows that the offences were not serious as the current ones. You have also kept out of offending for a period of more than two years before the commission of your current offences. The court will thus not have regard to those previous convictions when considering the appropriate sentences to be imposed in relation to your present offences.
   
6. There is apparent disparity of age between you and the victim. You were 32 years old and the victim was 13 years and still at school when you committed the offences. The court considers that four years be taken as the starting point to pass sentence on the charge of rape in this case.
   
7. You pleaded guilty to all the offences. Your guilty pleas for rape and indecent assault charges spared the victim from the embarrassment of testifying on the sexual offences you committed on her. Secondly, your guilty pleas had saved time and costs of a full trial.
   
8. There was a delay of more than three years before your case was heard by the court. And within that period you have paid sum of $5,000.00 in compensation to the family of the victim. That was to restore peace, relationship and demonstrate remorse on your part. At the present time, you are a very active member of the communities you associate with.
   
9. You have a family who depend on you for their livelihood and welfare. The mitigating factors submitted on your behalf will substantially reduce your sentence. You are accordingly sentenced as follows:
   
   • (i) Rape - 2 years imprisonment
   • (ii) Kidnap - 1 Year imprisonment
   • (iii) Indecent assault – 4 month (count 3)
     • - 4 months (count 4)
     • - 1 year (count 5)
   • (iv) Insulting the modesty of a girl – 1 year imprisonment
     

Sentences in (ii) to (iv) to be served concurrent with the sentence in (i)

THE COURT