Regina v Letade [2016] SBHC 112; HCSI-CRC 152 of 2016 (15 July 2016)

IN THE HIGH COURT OF SOLOMON ISLANDS

Criminal Jurisdiction

Regina v. Dony Letade

CRC No. 152 of 2016

Hearing: 15^th July 2016

Date of Sentence: 15^th July 2016

Rizzu E with Suifasia f for the Crown

Holara: for the Accused

Kouhota, PJ:

SENTENCE

Mr Dony Tateda, you have been convicted on your own plea of the offence of defilement contrary to section 142(1) of the Penal Code.

Defilement or having sex with a girl less than 13 years of age is a very serious offence; this is reflected in the penalty prescribed for this offence by parliament which is life imprisonment.

The briefs facts were that on the 23^rd September 2011, at Noipe village, you send Ms. Marolyn Yanadir’s cousin brother John Melau to go and tell her that you wanted her to go to you. Melau went and told MS. Marolyn Yanadir and led to her to the church building where to you were waiting. When they arrived Melau left, leaving you and Marolyn alone. You then led her into the church vestry and asked her to have sexual intercourse with her. You then had sexual intercourse with her on a mat on the floor of vestry. She did not report the incident but the matter came to the attention of her parents few days and later and they reported it to the police.

In sentencing, I give credit for the guilty plea and for no previous conviction. I also take into account that you were a juvenile when you committed the offence. It seem in this case sexual intercourse was consensual but consent is not a defences in cases of defilement under section 142 (1) of the Penal Code. However, while consent is no defence for the purposes of culpability, my view is, consent may be taken into account in mitigation in cases such as this where age disparity is small and a girl of this age consented to sexual intercourse with a juvenile.

Defilement or having sex with a girl less than 13 years of age is a very serious offence and carries a maximum penalty of life imprisonment. I had considered the authorities dealing with sentencing in this type of offence referred to by both counsel.

I had considered the facts of this case and take into account the very powerful mitigating factors, such as your guilty plea which show remorse and that you are prepared to face the consequence of your actions, that there were no aggravating factors involved in the commission of the offence, the delay of 5 years in bringing this matter to Court, that you had lost your opportunity to education as a result of this case and that you were a juvenile when you commit this offence and all the other circumstances surrounding this case I consider the appropriate sentence I will impose on you is 8 months’ imprisonment wholly suspended for I year on the condition that you commit no offence punishable by imprisonment during the period of suspension.

IRA.

The Court

Emmanuel Kouhota

Puisne Judge.