Regina v Kingsley [2015] SBHC 57; HCSI-CRC 98 of 2014 (24 June 2015)

HIGH COURT OF SOLOMON ISLANDS
(Mwanesalua J)

Criminal Case No. 98 of 2014

REGINA

V

DESMOND KINGSLEY

Date of Sentence: 24th June 2015

Ms Sirapu N Ramosaea for the Crown
Mr. George Gray for the Defendant

SENTENCE

1. The Defendant here is Mr. Desmond Kingsley. His home village is Tanageu, on Isabel Island, Isabel Province. He was twenty years on 20 November 2014. He was arrested and charged with the alleged rape of the victim on that date. He has no previous convictions.
   
2. The victim is a small girl. She was seven years old when she was allegedly raped by the Defendant on 20 November 2014. She is also a resident of Tanageu Village. She gave evidence during the trial and was cross examined by Counsel for the defence.
   
3. After the close of submissions this court acquitted the Defendant of rape. He was according convicted of attempted rape, which offence carries a maximum sentence of seven years imprisonment.
   
4. The victim is a child. Whilst children are protected under our Penal Code in terms, of sexual offences, they are also protected under the convention on the right of the child, which this country became a state party on 10 April 1995.
   
5. There are aggravating features in this case: They are that the Defendant premeditated his offence as a revenge or pay back against the father of the victim who led a group of men earlier on to harm him when he was with a woman at night; that he caused impact injuries to the labia majora, labia minora, orifice, and caused pain to these parts of the victim; that he inflicted psychological trauma to the victim as manifested in her demeanour during the trial; that he inflicted violence to the victim's buttocks when he wiped her with a knife; that the victim was seven years of age at the date of the offence; and that the Defendant was an adult.
   
6. There is clearly one mitigation fact which could be decided in favour of the Defendant in this case. That is that he does not have any criminal record. That is taken into account in the sentence to be imposed against him in this case. The previous sentences imposed by the High Court for attempted rape cases range between two and half years to five years imprisonment. But the victim in this case appears to be the youngest victim in any attempted rape before this court. That is indicated by the cases tendered by counsels in this case.
   
7. Sexual offence against girls and women are prevalent in this jurisdiction. They are increasing. The appropriate measure to curb this trend is by elevating the level of sentences to demonstrate to would be offenders on the seriousness of such offences.
   
8. The appropriate sentence to impose on the Defendant in view of the evidence of the crown is six years imprisonment from today, 24th June 2015. Order accordingly.
   

THE COURT