Regina v Ben [2015] SBHC 76; HCSI-CRC 54 of 2015 (18 August 2015)

HIGH COURT OF SOLOMON ISLANDS
(Mwanesalua, J)

CRIMINAL CASE NO. 54 of 2015

REGINA

V

ERIC BEN

W. Vai Yu for Crown
W. K. Ghemu for Defence

Date of Sentence: 18 September 2015

SENTENCE

1. The Accused was charged with one count of rape. He pleaded not guilty on arraignment. The Prosecution called witnesses to adduce evidence for the crown. The Accused elected to adduce unsworn evidence from the dock. He appears to be much older than the victim. Upon consideration of the evidence after closing submissions, the Accused was acquitted of rape but convicted of attempted rape under section 138 of the Penal Code. The maximum sentence for that offence is 7 years imprisonment.
   
2. The victim was 9 years old when the Accused committed the offence. The offence was obviously traumatic to the victim. She sustained lacerations and bruises on her sexual organ. Bruises are injuries characterised by leakage of blood from blood-vessels under an intact skin. She likewise sustained lacerations. The doctor who examined the genitalia of the victim is of the view that the injuries were most likely as the result of a blunt trauma impact caused by another person. In this case that person can merely be the Accused. And the blunt trauma was inflicted by the penis of the Accused.
   
3. The victim is still a very young child. She does not live in a designated residential area. She lives with her parents in a Crasher Settlement near the Henderson Airport. She is in early years of her primary education. Children of her gender need protection against sexual violence from the male gender to ensure their physical and mental development; to avoid health problems such as sexual transmitted infections; impaired school performance; physical and sexual trauma; sexual abuse and shattered self-esteem.
   
4. The Accused was arrested on the same day of his offending on 10 May 2014. He has been remanded in custody until this day. This means that he is now in custody for 1 year and almost 4 months. He is of previous good character with no previous criminal record. There is some delay between his apprehension and his trial which is not attributable to his fault. But this delay is inevitable due to the list of cases coming before the court for disposal.
   
5. Sexual offences are prevalent in this jurisdiction. Sanction for sexual offences must there be aimed at general deterrence in this class of cases to make it clear to offenders and to other persons with similar impulses that, if they yield to them, they will meet severe punishments.
   
6. The exact age of the Accused is unknown. But there is no doubt from their physical size that there is marked disparity between the age of the Accused and the Victim. The Victim did not encourage, cooperate with, or provoke the Accused in any form or shape to commit the offence. On the contrary, the Accused deceived the victim that he had no knowledge of the road to New Zealand Camp where he seemed to be residing at the date of his offending.
   
7. The Accused in this case is sentenced to 5 years imprisonment. That sentence will begin today 18 September 2015. He has a right to appeal if he disagrees with the length of the sentence.
   

THE COURT