Regina v Nabeni - Sentence [2015] SBHC 31; HCSI-CRC 137 of 2014 (17 April 2015)

HIGH COURT OF SOLOMON ISLANDS
(Mwanesalua, J)

Criminal Case No. 137 of 2014

REGINA

v

PATRICK NABENI

Date of Hearing : 16 April 2014
Date of Sentence : 17 April 2015

Mr. Dhita for the Prosecution
Mr. Gray for the Accused

SENTENCE

The Accused, Patrick Nabeni, was initially indicted on one count of rape, contrary to section 136 of the Penal Code. He pleaded not guilty and the trial commenced with the victim adducing evidence under oath. The Prosecution amended that charge with a count of indescent assault. The Accused was acquitted of the rape charge and the Accused entered a guilty plea to the fresh charge of indescent assault. The crown submitted the facts and the court convicted the Accused.

The Accused is a widower with children. The Accused and the victim live at Karaina Settlement at White River in Honiara. During the day time on 16 September 2013, the Accused walked to the room where the victim was sleeping with a baby. The mother of the baby was washing clothes at a water tape behind the house at that time. The room is situated at the ground floor of the house.

The Accused opened the door quietly and entered the room without the knowledge of the victim. He removed the cloth which the victim used to cover herself. The victim woke up and saw the Accused in the room. The Accused faced the victim and masturbated his penis with the full view of the victim. The Accused then left the room. He was identified by the victim at the Savo market later that day. The incident was reported to the Police. He was subsequently arrested and remanded in custody until he was prosecuted in court.

The Accused entered a guilty plea to his current offence which carries a maximum imprisonment sentence of one year imprisonment. The victim is a very young girl. The Accused has no previous conviction. His offence was masturbating in the full view of the victim. This is a case where there was no contact done by the Accused on the victim. His guilty plea is an admission of all the essential facts constituting the elements of his offence. The court is of the view that other than imposing an imprisonment sentence, which would be severe on him, having regard to the time he had had already been in custody, he is according sentenced to a fine of four hundred dollars, payable by 30 April 2015. In default, two month's imprisonment. Order accordingly.

THE COURT