Regina v Ramo [2016] SBHC 154; HCSI-CRC 043 of 2013 (26 May 2016)

IN THE HIGH COURT OF SOLOMON ISLANDS
Criminal Jurisdiction CRC 043 of 2013

Regina v Koke RAMO

Date of Hearing: 25^th May 2016
Date of Sentence: 26^th May 2016

Kelesi and Dalipanda for the Crown
Benham Ifuto’o for the Accused

KOUHOTA J

SENTENCE

Mr Koke Ramo, you are convicted on your own plea of rape contrary to section 137 of the Penal Code.

The agreed facts were that on evening of 28^th April 2011, the complainant, Miss Doreen Sikua and her aunty went to the shop to buy something. Along the road at that time was the accused, the victim’s boyfriend and two other boys. On their way back from the shop, the victim’s boyfriend called her so she stopped and waited for him, while her aunty went ahead home. Her boyfriend came to her and they went into the bush to where there were teak trees and there they have sexual intercourse. After having sexual intercourse the victim and her boyfriend were returning to the road when the accused approached the victim and asked her to have sexual intercourse with her but she refused.

The accused then threatened her by saying that he will report that she had sexual intercourse with her boyfriend to the teachers if she refused to have sex with him and said her life is in his hands. As a result of this, the victim was afraid and went with him into the bush. Once they were in the bush, the victim undressed herself, the accused also removed his cloths and went on top of the victim and had sexual intercourse with her. After sexual intercourse, the victim went back to her boyfriend, who was waiting beside the road nearby but did nothing because he was afraid of the accused.

In sentencing, I give credit for the guilty plea and for being a first offender. I also take into account that no physical violence or force was used in committing the offence and that the sexual intercourse was consensual although it was obtained by intimidating the victim by telling her that if she refused to have sexual intercourse with you, you will report her to her teachers and told her that her life is in your hands. I accept your counsel’s submission that the words ‘her life was in your hands’ refer to the threat to report her to the teachers rather than any intended physical harm or violence to the victim.

Rape is a very serious offence; this is reflected in the penalty prescribed for this offence which is life imprisonment although the maxim penalty is reserved for the worst forms of rape.

I had considered the authorities dealing with sentencing in this type of offence referred to by both counsels. The facts of this case did not disclosed any of the aggravating fixtures set out in Billam [1986] 1 WLR349 and referred to by the Court of Appeal of Solomon Islands in the case of Elijah Soni, Peter Supa and Leslie Chachaia v Reginam, Criminal Appeal cases numbers 27, 28, 35 of 2012.

Taking into account the principal set out in Ligiau and Dori [1986] SHBC 15, I agree that the starting point in this case should be five years imprisonment. I take into account that no violence or threat of physical injury or weapon was used in the commission of the offence but still it is rape because although the facts show that she was willing to have sexual intercourse with you, that consent or willingness was obtained by intimidation, so it is still rape but one that should be categorised as sitting at the lower end of the scale.

In R v Peter Lao, Criminal Case No. 44 of 2012, the accused who was a 32 year old man was convicted for rape, kidnaping, indecent assault and insulting the modesty of a 13 year school girl, all arising out of the same incident. For the offence of rape, he was sentence to 2 years imprisonment. In your case the victim was 19 years old and you were 23 years old when you committed the offence hence there is no great age disparity.

Having regard to the facts of this case, the mitigating factors especially your guilty plea which show remorse 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 and all the other circumstances surrounding this case, I sentence you to 3 years imprisonment inclusive of any time you had already spent in custody in relation to this offence.

IRA.

The Court

..........................................................
Emmanuel Kouhota
Puisne Judge