Regina v Volimana [2014] SBHC 161; HCSI-CRC 119 of 2014 (10 December 2014)

HIGH COURT OF SOLOMON ISLANDS
(Mwanesalua J)

Criminal Case No. 119 of 2014

REGINA

–V-

PATTERSON VOLIMANA

Date of Judgment: 9 December 2014
Date of Sentence: 10 December 2014

Ms Fasuia for the Prosecution
Mr Brook for the Accused

SENTENCE

MWANESALUA J:

1. The accused, Patterson Volimana, has been convicted of one count of rape under section 136 of the Penal Code. He has been acquitted of one count of rape and one count of indecent assault under section 141 (1) of the Penal Code. He pleaded not guilty to all these charges and thus there was trial which eventuated in conviction of the said charge.
   
2. Rape is a very serious offence prevalent in this jurisdiction. It carries a sentence of up to life imprisonment. The count of rape on which the accused was convicted occurred on an unknown date between 31 January 2013 and 29 March 2013.
   
3. The victim was a school student and aged fifteen years old when the accused committed the offence with her. His sentencing submission shows that he is now seventy seven years of age; he is married with five children who have all been married. He gets his income through the production and sell of homemade tobacco and that he is a first offender. He has caused injury to the victim when he broke her hymen.
   
4. There is disparity between the age of the accused and the victim when the offence was committed. It seemed obvious that the accused used his position as a custom healer to have unlawful sexual intercourse with the victim.
   
5. The accused is seriously ill as noted from his medical reports. He is sentenced to one month imprisonment with a fine of one thousand dollars.
   
6. Order accordingly.
   

THE COURT