Regina v Kaimanisi [2013] SBHC 197; HCSI-CRC 306 of 2008 (16 December 2013)

IN THE HIGH COURT OF SOLOMON ISLANDS
MWANESALUA J

Criminal Case Number 306 of 2008

REGINA

V

KIKO KAIMANISI
JARED MEKE
PAUL BILLY PILUA

Hearing Dates: 15, 16, 17, 20th October & 4,5,6 & 7th December 2013
Judgment Delivered: 9 December, 2013
Sentence Delivered: 16 December 2014

Mr. R Iomea for the Crown
Mr. S Kalu for Kiko Kaimanisi
Ms. S Karani for Jared Meke
Mr. G Ghemu for Chris Tevata
Mr. L Hite for John Penai
Mr. R Dive for Paul Billy Pilua

SENTENCE

KIKO KAIMANISI

1. You have been tried and convicted with one count of rape and one count of indecent assault. The first offence is very serious indeed. It carries a maximum sentence of life imprisonment. You are in your fifties. You have a wife and a baby girl aged about one year old. You have no formal education. You and your family live near Honiara and a subsistence farmer. Your wife has no formal employment and stays in the village with your child. Your main source of your income is derived through purchase and sell of betel nut at the market near your home.
   
2. You committed your offences on 13 April 2008. You pleaded guilty to the count of indecent assault and 15 October 2013. You were tried and found guilty of the rape charge on 10 December 2013. You have no previous convictions.
   

JARED MEKE

3. You are married with two children. You sell betel nut to earn income to support your family. You are a useful member of your family and community at Kongulai. You are about 30 years of age with clean criminal record. You have been convicted of one count of rape, a serious offence.
   

PAUL BILLY PILUA

4. You are married and living with your family at Karaina settlement at White River. You have a son, who is four years old. You have lost your job as a security officer as a result of this case. You have no previous convictions. You have been convicted with one count of rape, a very serious offence.
   

COMMISSION OF RAPE

You were members of one group when you left Kavare Night Club in the morning of 13th April 2008. You saw the victim with her cousin brother walking towards White River that early morning. You called her to wait for you. She was a stranger to you. She was afraid of you and walked faster in order to avoid you. Your intention then was to have sexual intercourse with her. That was clear from your combined task of pulling her from the main road to a minor road leading inland to the scene of your crimes. She sustained bruises to her left arm, left side of her belly, her left thigh and over her left labia minora. You all had sexual intercourse with her without her consent, that is called 'Rape' in our Law.

STARTING RANGE FOR SENTENCING

The Court holds the view that the sentencing range for this case should start at eight years. This is because this aggravated rape. That is so because it is a pack rape. There were three rapists involved. Pack rapes have always been regarded as particularly serious examples of rape attracting high sentences. But sentences will vary with the number of rapists and the decree of participation of the offenders. There seem to be equal participation of the Defendants in the commission of rape in this case.

DELAY IN THE PROSECUTION OF THIS CASE

All the Defendants convicted of raping the victim on 13 April 2008. They were tried and convicted on 9 December 2013. There was a long delay in the disposal of this case for five years. The delay is not caused by the Defendants but the State. This long delay in this case mitigates Sentence to be passed on each Defendant.

SENTENCES PASSED ON EACH DEFENDANT

KIKO KAIMANISI: For rape – three years imprisonment
For Indecent Assault – 1 year imprisonment.
To be served concurrently.

JARED MEKE: Three years imprisonment for rape.

PAUL BILLY PILUA: Three years imprisonment for rape.

Sentences to commence today, 16th day of December, 2013.

THE COURT