Regina v Pasirivo [2014] SBHC 164; HCSI-CRC 189 of 2009 (18 February 2014)

HIGH COURT OF SOLOMON ISLANDS
(PALMER CJ.)

Criminal Case Number 189 of 2009

REGINA

V

KALISTER PASIRIVO

Hearing: 17th December 2013
Sentence: 18th February 2014

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

Palmer CJ.

• The defendant has been convicted of one count of rape following a guilty plea. The offence of rape is regarded as a very serious offence under our Penal Code Act; it carries a maximum sentence of life imprisonment.
  
• Rape has always been regarded as a serious offence for it entails a violation of the personality and dignity of a victim.
  
• The facts as produced in court showed that this was a particularly violent rape. The victim was returning home from school between 12.00-1.00 pm when she was grabbed from behind and pulled to the bushes. A struggle ensued between them which resulted in her skirt being torn before she was forcibly raped. You took advantage of your strength to overpower her and in spite of her protests persevered with your selfish intentions.
  
• A sentence of 10 years would have been appropriate in such circumstances.
  
• There are however some distinct mitigating factors in your case which I must take into account. The first one is the delay factor in this case. The offence was committed in 2000 and yet it has taken 13 years to have it processed through the justice system. That is simply unreasonable and undue delay. While those were difficult days in our court system because of the effects of the civil unrest, this case should not have taken that long to be heard.
  
• I note that there was another offence (that of manslaughter) for which you were charged with and convicted during that period as well but that is no excuse for the matter to be delayed this long, especially when you were imprisoned for two years and then released later in 2005. Your case should have been dealt with by then if not as soon thereafter as this is equally a serious offence. I will allow 50% discount in the peculiar circumstances of this case.
  
• The second main mitigating factor is your age. At the time of commission of offence you were a juvenile, about 16 years old, which has not been disputed. The fact you were a juvenile however does not excuse you for the commission of such serious crime. The courts will not tolerate such violent behavior even from a young person who decides to behave in such an unlawful manner and thinking he will be let off lightly because of his age. I will allow a further reduction of one year.
  
• I note you are now married and have settled down in your village without any further commission of any crime and seeking to lead a normal life. I give you credit also for your guilty plea which has saved much court time, expense and cost but also consistent with remorse apart from saving the victim the trauma of having to come to court and relive what happened by having to give evidence in court. I allow a further reduction of one year.
  
• Taking everything into account and in the light of those distinct mitigating circumstances in your case I am satisfied the sentence of 10 years is to be reduced significantly to one of 2½ years and order that you serve only 2½ years in prison. The period spent in custody since your arrest is to be taken into account. You have a right of appeal if aggrieved by this sentence.
  

Orders of the Court:

• Enter conviction on a guilty plea for rape and impose sentence of 2½ years to be served.
  
• The period spent in custody to be taken into account.
  

The Court.