Regina v Bonuga - Sentence [2014] SBHC 3; HCSI-CRC.310 of 2012 (27 February 2014)

HIGH COURT OF SOLOMON ISLANDS
(Mwanesalua J)

Criminal Case No. 310 of 2012

REGINA

V

CASPER KWANE BONUGA

Date of Sentence: 27 February 2014

N. Dhita for Prosecution
A. Kesaka for Defendant

SENTENCE

1. The Defendant is convicted of 3 counts of rape, contrary to section 136 of the Penal Code. Rape is a very serious offence, which carries a maximum imprisonment sentence of Life Imprisonment.
   
2. The victim was born on 4 October 1996. She was adopted by the Defendant and his wife since her birth.
   
3. These are the serious features in this case. There is an abuse of a relationship of trust by the Defendant to the victim as his adopted daughter; there is disparity of age between the Defendant and the victim; the victim was 12 and 13 years respectively when the Defendant raped her in 2008 and 2009 respectively; the Defendant raped the victim in 2008 and 2012 in the family homes which are regarded as sanctuary in which a person is entitled to feel secure; and that the Defendant subjected the victim to the debaseful act of sucking his penis before he raped her on September 2012.
   
4. The following mitigating facts are considered in favour of the Defendant. That there was delay in taking the Defendant to the court in relation to his offences. Despite the victim's evidence that she had felt pain in her vagina when the Defendant raped her, there is no evidence that she suffered any severe and lasting psychological harm. And that the Defendant is of previous good character with no previous criminal record.
   
5. It is plain to the Court that the offences in counts 1, 2 and 8 of the information arose from the repetitious behaviour of the Defendant, involving the same offences and the same victim.
   
6. The Defendant was arrested and remanded in custody since 10 October 2012. He is accordingly sentenced as follows:
   

Count 1: Three years imprisonment.

Count 2: Three years imprisonment.

Count 8: Three years 6 months imprisonment.

Order: All sentences are to be served concurrently from 10 October 2012.

THE COURT