Regina v Pado [2014] SBHC 102; HCSI-CRC 132 of 2014 (3 October 2014)

HIGH COURT OF SOLOMON ISLANDS
(Mwanesalua, J)
Criminal Case No. 132 of 2014

REGINA

v

JAMES PADO

Date of Hearing : 30 September 2014
Date of Sentence : 3 October 2014

Ms F. Joel for the Crown
Ms S. T. Karani for the Defendant

SENTENCE

The Defendant, James Pado, pleaded guilty to one count of rape and one count of escaping from lawful custody, contrary to sections 136 and 125 of the Penal Code respectively. These pleas were made on 25 July 2014.

The facts of this case are that: the victim, Amere Kulagole and her boyfriend, Rolland Kito, arrived at the Children's Park opposite the Rove Police Station at about 9pm on 27 December 2013. They were still there when the Defendant walked into the Park between 1.30am and 2.00am on 28 December 2013 and sat beside them. The Defendant was drunk and had a chat with the victim and Kito.

The victim and Kito were annoyed with the Defendant and stood up to leave the Park. The Defendant also stood up and grabbed Kito's hand tightly. Kito freed his hand from the Defendant's grip and escaped.

The Defendant then grabbed the victim and pulled her to the nearby bush up at the hill top of the children's park. The Victim struggled to free herself from the Defendant, but the Defendant grabbed her body and told her that he would fuck her. He laid her down beside the rocks, removed her trousers and pushed his penis into her vagina.

In the meantime, Kito ran over to a betelnut stall to ask for help. He met two men there and told them that a man wanted to fight him and took his girlfriend. One of the men, namely, Clement Haununu went up the hill where heard noise. He shone his torchlight to the place where the noise came from and saw the Defendant having sexual intercourse with the victim. The Defendant then quickly pulled up his trousers and escaped from the scene of the offence. The victim confirmed that the Defendant in deed had sexual intercourse with her.

The Victim came down and saw Kito. They walked to Central Police Station to report the incident. On their way there, they saw the Defendant walking on the opposite side of the road. The Police arrested the Defendant.

The Defendant was then escorted to the Central Police Station Watch house. However, the Defendant escaped from the Police when he about to enter the watch house. The police chased the Defendant and with the help of the members of the public he was captured at the Anthony Saru Building Compound. The Defendant was placed in custody from 28 December 2013 until today 3 October 2014.

The Defendant is of previous good character with clean criminal record. He pleaded guilty to his offences. This saves court's time and the victim providing details regarding the way in which the Defendant committed the offence upon her.

But rape is a very serious offence even though the victim sustains no injuries in her sexual organ. There are aggravating factors in this case. The Defendant forced the victim to the scene of crime; that he was drunk at the time of the offending and threatened to cast the victim over the cliff before raping her. The victim sustained a fingernail mark on her left elbow and slight tenderness on the lower back on palpation.

This court considers that the starting point for sentencing in this case is seven years. However, due to the mitigating factors alluded to herein and his nine months in remand, the Defendant is sentenced to five years imprisonment for rape and four months imprisonment for escaping from lawful custody. These sentences are to be served concurrently from this 3rd day of October 2014. The Defendant has a right to appeal against the sentences if he disagrees with them.

THE COURT