Regina v Pakau [2016] SBHC 135; HCSI-CRC 73 of 2016 (26 August 2016)

REGINA –v- EMMANUEL PAKAU

HIGH COURT OF SOLOMON ISLANDS
(Mwanesalua, DCJ)

HEARING : 2 August 2016
SENTENCE : 26 August 2016

Mr. W. Vai Yu for the Crown
Mr. C.M. Ruele for the Accused

SENTENCE

Mwanesalua, DCJ: The Accused pleaded guilty to one count of defilement under section 142 (i) of the Penal Code. The victim was about 12 years old when the Accused committed the offence.

The Accused was 21 years old when he committed the offence on the night of 11^th June 2013, at Palu Village, on Lord Howe Island. The victim was asleep at her parents’ house, when the accused came and called for her mother, who was not at the house.

The Accused then asked the victim for fish. The victim went to the Accused and told him that there was no fish. However, the Accused already knew that the Victim’s parents were not at the house at that moment, because he had seen them at a party at the other village.

Then another person approached them, causing them to move to a nearby bush to hide from that person. The Accused then placed his hand over her mouth to prevent her from shouting out, and had sexual intercourse with her.

In the morning of 12^th June 2013, the Victim was examined by a nurse at the clinic. The examination showed that the victim did not suffer serious injuries in her vagina except that her hymen was not intact. It was disrupted.

The Accused was a young man when he committed his offence. His crime did not cause any serious harm to the victim. However, his offence is very serious having regard to its penalty of life imprisonment.

The Accused is a first offender with no criminal record. He is married with a child and is a first offender. He has spent time in custody awaiting his trial. He was still a young man when he committed his offence.

There is delay in the disposal of this case before the court. The Accused has pleaded guilty, thus, saving the victim from reliving the facts of the incident at the trial. His plea saved the usual expenses incurred in criminal trials. He planned to commit his offence after he saw the victim’s parents at the other village.

Having seen her parents in the other village, he came to the victim’s village purposely to have sexual intercourse with the victim when she was alone.

It seems that the victim reported the incident when her parents returned home. This can be inferred from the fact the victim was medically examined by the nurse on the 12^th June 2013.

The Accused committed his offence three years ago. He is married with a child. He was cooperative with the Police during investigation by admitting the offence. But he absconded whilst on bail. He avoided the victim from the strain of giving evidence in court by pleading guilty when he was arraigned. He had been in custody for a considerable period of time.

The Accused, Emmanuel Pakau, is accordingly sentenced to two and half years imprisonment from today’s date, 26^th August 2016. The days which he spent in custody pending trial are to be deducted from this sentence. Order accordingly

BY THE COURT