Regina v Tenu [2015] SBHC 85; HCSI-CRC 118 of 2014 (2 October 2015)

IN THE HIGH COURT OF SOLOMON ISLANDS
(Mwanesalua, J)

Criminal Case No. 118 of 2014

REGINA

V

THOMAS TENU

Date of Sentence: 2 October 2015

Ms. Sirapu Ngava for the Crown
Mr. Stanley Aupai for the Accused

SENTENCE

1. The Accused was convicted of three counts of Defilement and one count of Indecent assault. The offences were committed three years ago at Neo Village. The trial commenced at Lata and completed in Honiara.
   
2. The Victim was twelve years of age and the Accused was Seventy years old when he committed the offences. There was huge disparity in their ages when the offences were committed.
   
3. The Accused is a close relative of the victim. That is to say, that he is the grandfather of the victim. The incidents came to light when the father of the victim found them in a room in a residential house own by another person in 2012.
   
4. It appears from the evidence that the relationship between them had persisted for some time before it came to the knowledge of the father of the victim. There was evidence that the incidents occurred in the said residential house, the beach and in the bush.
   
5. There are aggravating features in this case. The victim was very young when the Accused had sexual intercourse with her. There is a marked discrepancy between the ages of the Accused and the victim. The Accused has greater experience to over bear the will of the victim. The Accused had sexually abused his own grandchild.
   
6. The law regard these offences to be very serious. That is demonstrated by the sentences provided for them in the penal code. The sentence for defilement is life imprisonment and the sentence for indecent assault is five years imprisonment.
   
7. But there are mitigating features in this case as well. They include the payment of compensation by the Accused to the parents of the victim. There was delay between the discovery of the offences and their disposal before the court. It seems that the compensation was aimed at restoring relationships between the parents of the girl and the Accused, and not for any bodily harm to the victim.
   
8. Sentence: for each of the three counts of defilement two years imprisonment. For one count of indecent assault one year. Total sentence is seven years imprisonment. The sentence will begin today 2 October 2015.
   

Mwanesalua J