Regina v Furai [2016] SBHC 147; HCSI-CRC 398 of 2014 (15 April 2016)

REGINA –V- JAMES FURAI

HIGH COURT OF SOLOMON ISLANDS
(Mwanesalua, DCJ)

Criminal Case No. 398 of 2014

Hearing : 11 April 2016
Sentence : 15 April 2016

Messrs Kelesi and Ismael Kekou for the Crown
Mr. Grey for the Defendant

SENTENCE

Mwanesalau, DCJ: The accused was charged with one count of rape. He pleaded guilty to the charge.

On the evening of 18^th July 2014, the victim was with her Uncle at the Lauru Market behind the old XJ6 Shop at Point Cruz. She barbecued fish for sale. She then went to see her Aunty at her Market stall at the Markwarth area at Point Cruz.

While she was with her Aunty, her boyfriend came in a taxi and picked her up. She went with him and had a few drinks at the Port’s field at Kukum. After that the taxi driver and her boyfriend dropped her off again at the Yacht Club area at the Lauru Market.

She was already drunk so she went and sat at her Uncle’s Market Stall. While she was there, she drank a can of SB beer which her boyfriend gave her when she dropped off from the taxi. Afterwards she fell asleep. The accused came and asked for her. The accused saw her sleeping and carried her on his shoulder to the seaside where the boats were docked. He laid her in a boat and took off her trousers and pant.

He then took off his shirt and long trousers. He went into the boat and had sexual intercourse with the victim. She woke up after the accused had sexual intercourse with her. She realised that she was naked and was lying inside a boat.

She began to cry as she realised that someone must have had sexual intercourse with her. A woman came when she was crying and called her to go with her to the Lauru Market Stall. Not long after the Police arrived and took her to the Police Station.

The victim was living in Honiara when this offence was committed upon her by the accused. Her age then was eighteen years of age.

The accused was likewise residing in Honiara at the time of his offending. His main source of income was earned through short term jobs. He is married with two children. He used his earnings to support his family and pay school fees for his children. He has an old mother and that he has respiratory illness.

Rape is a very serious offence. It carries a maximum sentence of life imprisonment. The accused took advantage of the victim’s insobriety to commit his offence. She sustained no physical injuries from the offence. However, the clothes she wore were broken by the accused.

The accused entered a guilty plea to the charge laid against him. He has no previous conviction. There is delay in bringing this straight forward case to court. These factors will mitigate the sentence to be imposed on the accused. The accused will accordingly serve a sentence of three years imprisonment from today’s date, that is to say, 15^th April 2016. Order accordingly.

THE COURT