Regina v Ghoto [2013] SBHC 198; HCSI-CRC 397 of 2013 (17 December 2013)

HIGH COURT OF SOLOMON ISLANDS
(PALMER CJ.)

Criminal Case Number 397 of 2009

REGINA

V

ALEX GHOTO

Hearing: 17th December 2013
Sentence: 17th December 2013 (delivered at Gizo).

A.E. Kelesi for the Crown;
B. Ifuto'o and R. Olutimayin for the Defendant.

Palmer CJ.

1. I wish to thank from the outset learned Counsels, Mr. Kelesi for the Crown and Mr. Ifuto'o for the Defendant, for providing written submissions which have assisted the court in making up its mind quickly as to the appropriate sentence to be imposed in this case.
   
2. You have been convicted of a serious offence, with a maximum sentence of five years for defilement.
   
3. The courts in this country have recently taken a harsher and tougher stand/approach against this type of sexual offending in view of its prevalence in the community, which is unacceptable and cannot be tolerated. This I might add is consistent with the views, attitudes and approach taken in the region and internationally as well.
   
4. In the last sixteen (16) days or so, we in the community have been reminded of our God-given responsibilities as fathers, husbands and men by the mothers, women, girls and children of this nation, to rise up against this type of behavior and conduct and to ensure that it does not happen or is reduced.
   
5. Children are our heritage; they are your future and the future of this nation and therefore should be treated with great care and love; abuse them and you abuse your future.
   
6. I note there are aggravating features in this case; these have been highlighted by learned Counsel, Mr. Kelesi for Prosecution. First, is the age disparity of about 38 years between you and the victim. You were about 52 years and the victim was only 14 when you committed these offences on her.
   
7. Your age should reflect your level of maturity and responsibility and imposes greater liability and culpability on you. The older you are the more mature and responsible you should be and therefore more is expected of you.
   
8. Secondly, there has been a clear breach of trust in the relationship by you as a guardian or father, who was entrusted with the responsibility to look after the victim and care for her but instead you used her as a sexual object for your pleasure and to satisfy your lust; that is clearly an abuse of trust. The victim's trust on you for her protection and security has been completely misplaced.
   
9. Thirdly, as a consequence she has become pregnant and her future ruined, if not, set backwards. This further compounds her problems in having to raise and care for a child born into an abnormal environment meant for a proper home where a child can be raised up in a loving and caring atmosphere between a father and mother. All this is as a result of your selfishness and other lives have been and will be affected by this.
   
10. I note too that this has been a trial and so you have lost the benefit of any guilty plea.
    
11. On the other hand I must balance all these with the mitigating factors submitted by your lawyer, Mr. Ifuto'o. I give benefit for the fact that this is your first time to appear in court, you have no previous convictions.
    
12. Of significance is the issue of delay. The offences were committed in 2007 and yet it has taken about 6 years for the matter to be finalized. Proper discount must be given for this. With the improvement in law and order issues in the country, cases should not take that long to travel to and through the criminal justice system unless there are exceptional reasons for the delay. None has been shown in this case.
    
13. I am satisfied taking into account the circumstances of the offence that an appropriate sentence of four (4) years for each count should be imposed in this case. Also whereas I would have ordered counts 1 – 4 to be consecutive taking into account the aggravating features in this case, so that the total sentence comes to 16 years, with the mitigating factors and especially that of delay, I am satisfied only counts 1 – 2 should be made consecutive so that the total sentence to be served is eight (8) years. The period spent in custody is to be taken into account.
    
14. The defendant has a right of appeal to the Court of Appeal if he is aggrieved with the judgment of the court and the sentence imposed.
    

Orders of the Court:

(i) Impose sentences of 4 years for each count of defilement under counts 1 – 7.

(ii) Order that counts 1 and 2 to be served consecutively (total sentence to be served is 8 years).

(iii) Order that counts 3 – 7 to be served concurrently.

(iv) The period spent in custody to be taken into account.

The Court.