Regina v Dime [2016] SBHC 26; HCSI-CRC 199 of 2014 (16 February 2016)

HIGH COURT OF SOLOMON ISLANDS
(PALMER CJ.)

Criminal Case Number 199 of 2014

REGINA

V

Francis Dime

Hearing: 16th February 2016
Sentence: 16 February 2016

R. B. Talasasa (Jnr.) and W. Vaiyu for the Crown
H. Lawry and D. Kwalai for the Defendant.

Palmer CJ (sitting at Auki, Malaita).

Sentence:

You were convicted last year, 21st August 2015 after a not guilty plea and a trial was convened and convicted of the 3 offences of indecent assault, and two counts of rape.

The offence of rape is a serious offence reflected by the maximum sentence which the court is given authority to impose, that of life imprisonment but this is reserved for the more serious cases.

There are some serious and aggravating features to your case which I take note of. You were under the influence of alcohol when the offence was committed.

Secondly, it was done at night when the victim was already in bed and you gained entry by forcing the door and entering. Many times the courts have warned that a person's home is his or her place of safety, refuge and security and any such invasions and breaches are viewed as extremely serious breaches; this is also reflected in the law which imposes severe penalties for this type of breaches.

Your prior knowledge of the victim and of her house is also an aggravating feature. She was alone at her house when you gained entry and took advantage of your prior knowledge of the layout of her house and your familiarity of her.

I note also the disparity in age between the two of you. She is much older than you and knew you since you were a child growing up with her children and around that vicinity.

I note the offence of rape was repeated that night. I also note she is an elderly woman, sickly and uses a walking stick as an aid to walk. The evidence showed she had a bout of asthma or shortness of breath during that time, which may have been exacerbated by the events of that night.

I accept that in such circumstances a sentence of 8 years is the starting point and can be increased in the presence of aggravating features, or reduced correspondingly where there are mitigating factors.

I note you are a first offender and this is your first time to appear in court, credit is given for that.

I note also your age as a young man and that prospects of rehabilitation are good in your case. I also note that you are remorseful and that it seemed you thought she was consenting, which was not so found by the court.

I also bear in mind that you have been in pretrial custody for a long time totaling 694 days it seems and bear that in mind when imposing sentence.

Taking everything into account, the need to impose a deterrent sentence, but also bearing in mind your personal circumstances and other mitigating factors mentioned, it is my considered view that the following sentences can be imposed as reflecting adequately the seriousness of the crime but also keeping a balance in relation to your mitigating factors.

(i) For indecent assault: 2 years;

(ii) 2 counts of Rape: six years each.

I am satisfied also that the sentences be made to run concurrent to each other and the period spent in custody to be taken into account.

Orders of the Court:

1. Impose sentence of two (2) years for the indecent assault.
   
2. Impose sentence of six years for each count of rape.
   
3. The sentences are to run concurrent to each other and so the total period of imprisonment to be served is six (6) years.
   
4. The period spent in custody is to be taken into account.
   

The Court.