Regina v Gulu [2015] SBHC 15; HCSI-CRC 01 of 2010 (6 March 2015)

HIGH COURT OF SOLOMON ISLANDS
(Mwanesalua J)

Criminal Case No. 1 of 2010

REGINA

–v-

FRED GULU

Ms. Sirepu N. Ramosae'a for the Crown
Mr. Stanley Aupai for the Accused

Hearing : 2 March and 4 March 2015
Sentence : 6 March 2015

JUDGMENT

1. This Accused is charged with the rape of the victim whose first name is Lucy, on 12 August 2009. He pleaded guilty to the charge on 2 March 2015 and was convicted by the court.
   
2. The facts are that prior to the offence in 2009, the Victim and the Accused were living with their Uncle Silas Rodi and Barbara Rodi at West Kola ridge in Honiara. The victim and the Accused are first cousins. At the time, the Accused was the driver of a Taxi Car. At about 10am on 13 August 2009, the Victim asked the Accused to drop her off at the Quality Motel to see her Uncle. She boarded the Taxi sitting on the front passenger seat and they drove into town to go to the motel.
   
3. The Accused drank the previous night and he still had smell of alcohol. When they got to the Honiara City Council area, the Victim told him to turn up to the Town Council Road to the Quality Motel, but the Accused said no, that he will turn up the road next to the ITA Building.
   
4. When they got to the road next to the ITA Building, the Victim told him to turn up the road but he said that he will turn at the High Court round about. When they got to the roundabout at the High Court, the Accused said that they should go for a ride.
   
5. When they got to White River the Victim made up excuses to get off, saying that she wanted to drop off there because she had a class at 11am, but he told her to forget about the class. So she asked him to buy betel-nut, but he said they will turn around and come back.
   
6. As they went further down at White River the Accused started to pick up speed, until they passed the Bonege River, West Guadalcanal. There he turned into a bush area and stopped the car.
   
7. The Accused then asked her to kiss him and when she refused he forced her to kiss him by pushing his face towards her. When she tried to push him away, he forced himself onto her. He then slapped her on the left check twice with his right open palm and also punched her left arm with his right closed first. He put his two legs over her two legs, put down the car seat she was sitting on and kissed and bit her lips.
   
8. The victim kept struggling and managed to get out of the car. She went to the main road and started walking in the easterly direction. The Accused turned the car and drove to the victim and said he lying and only joking. He told her to get back in the car.
   
9. The victim got back into the car and again sat in the front seat next to the Accused. They drove not less than 5 metres when he turned the car to a small road in the bush and stopped. He shut and locked all the windows.
   
10. The Accused then told her to kiss him again. He then placed his left hand on her back and the right hand inside her shirt. He then pulled off her bra and shirt and sucked her breast.
    
11. The victim struggled to push him off her but he locked her knees with his two legs. So in an attempt to escape, she told him she wanted to go to the back seat. As soon as she got to the back seat she unlocked the door and stepped out of the car.
    
12. The Accused however pushed her back into the car and he punched her. He then got on top of her, unbuttoned her trousers and pushed it down. He then opened her legs and pushed his penis into her vagina. He pressed himself on top of her and had sexual intercourse with her for about 3 to 4 minutes without her consent. At that time, the victim was shouting, crying and struggling but he held her down.
    
13. After that the Accused put on his clothes and went back to the driver's seat. The victim got up and put on her clothes and remained at the back seat. The Accused drove back to Honiara and dropped off the victim at West Kola-ridge. He advised her not to report the incident to anyone. But she reported the event to Beverly and Barbara. The victim then reported the matter to the Police at the China Town Police Post on 14 August 2009 and she was examined by a doctor. The medical report revealed bruises on her left check and left shoulder. Her vaginal examination revealed spermatozoa in her cervix. That is evidence of the penetration of the Victim's vagina by the penis of the Accused. An urinary test of the Victim showed positive for pregnancy. The Accused did not dispute that he was responsible for that pregnancy.
    
14. Even though this offence was committed by the Accused in 2009, a victim impact statement on the victim, dated 11 February 2015, shows that she still has emotional and physical effects from the offence. The emotional impact includes fear, hurt and shame, as the Accused is a close relative whom she had placed trust for her safety from sexual harassment, sexual assault and rape. She had sustained physical violence prior the commission of the offence, when the Accused slapped her left check and delivered a punch to her left shoulder. She likewise sustained financial loss in that she had withdrawn from a business course she had enrolled in before the offence occurred. But the most severe impact of the offence was her pregnancy. The Accused did not dispute that fact.
    
15. Written and oral submission on sentencing on rape cases were made by both the Prosecution and the Defence. It was agreed that the Accused is entitled to reduction in his sentence in mitigation for a guilty plea which saves time and expense of a trial. The Defence therefore submitted that the Accused be sentence to serve three years in prison. The Prosecution sought a longer term to reflect the seriousness of the offence and deter other like mind persons from committing the same offence.
    
16. It is the view of this court that the Accused's offence is serious because; it destroyed the family relationship between the victim and the Accused as cousins and that of their individual families; that there was physical violence over and above that was necessary to commit the offence; that the victim is still suffering from the emotional and psychological trauma as results of the offence.
    
17. There is a delay of more than five years in this case. This delay cannot be blamed on the Prosecution alone. The Accused contributed to that delay in that he breached his bail conditions and a Warrant was issued to have him located and arrested.
    
18. The Accused will serve a sentence of imprisonment for his offence. The length of that Sentence will be seven years imprisonment. However, two years of that sentence will be deducted to reflect his guilty plea and the long delay in resolving the case in court. The effective sentence to be served by the Accused from this 6th day of March 2015 is five years imprisonment. Order accordingly.
    

THE COURT