Regina v Gopala - Sentence [2015] SBHC 75; HCSI-CRC 264 of 2014 (2 September 2015)

IN THE HIGH COURT OF SOLOMON ISLANDS
(Mwanesalua J)

CRIMINAL CASE NO. 264 OF 2014

REGINA

V

PETER GOPALA

Date of Judgment : 2 September 2015

Ms S. N. Ramosaea with Ms Olutimayan for the Crown
Mr. L. Kwaiga with S. Valenitabua for the Accused

SENTENCE

1. The Accused is convicted of one count of rape and one count of buggery under the Penal Code. Rape carries a maximum sentence of life imprisonment, whilst buggery carries a maximum sentence of fourteen years imprisonment. The level of sentences for these offences manifest that they both very serious offences under the Penal Code.
   
2. The Accused was aged 23 years at the date of his offending on 25 December 2014. He was then an adult. However, the Victim was a child aged 16 years.
   
3. The Accused assaulted the victim before committing the offences. This is shown by the injuries on her neck and the bruises on her left arm and the left side of her buttock.
   
4. The Accused also inflicted injuries to the genitalia and anus of the Victim when he penetrated her vagina and anus forcefully with his penis. These are demonstrated by the lacerations of the vagina, libia manora and the libia majora. And the lacerations on the rectal canal.
   
5. The Accused committed his offence on a disable child. The Victim is a mute that is to say that she is unable to hear and unable to speak. She can only communicate with normal persons by sign language.
   
6. This case was tried. The Victim was put to enormous stress to testifying on the events which the Defendant did to her. The Victim and the Defendant have been living in the same area within Honiara. He knows the disabilities of the victim. He showed no pity for her and decided to rape and commit buggery with her to satisfy his sexual desires. This is a very serious case in deed.
   
7. The Defendant has no previous conviction. He is sentenced to 6 years imprisonment for rape. And he is sentences to 4 years imprisonment for buggery. The sentences are to be served consecutively. That means he will serve a total sentence of 10 years in prison starting from today's date, 2 September 2015. Order accordingly.
   

THE COURT