Regina v Manehuniau [2016] SBHC 71; HCSI-CRC 286 of 2014 (25 May 2016)

HIGH COURT OF SOLOMON ISLANDS
(Mwanesalua, DCJ)

Criminal Case No. 286 of 2014

REGINA

–V-

DONATION MANEHUNIAU

Date of Sentence: 25 May 2016

Ms. F. Joel & Mr. J.Anisi for the Crown
Mr. H. Kausimae for the Accused.

SENTENCE

The accused is charged with three counts of rape, two counts of indecent assault and one count of common assault, contrary to sections 136, 141 (1) and 244 of the Penal Code respectively. The accused and the victim are married couples. They were married in church with three children.

The accused entered no guilty pleas when he was arraigned. However, he pleaded guilty to all the counts after the victim had given evidence in support of the charges.

The accused committed the offences at about ten o’clock in the morning of 3 December 2013 at Gilbert Camp in Honiara. The victim was preparing breakfast when the accused called her into their room to go and wash her vagina. The victim hesitantly complied as she was in fear of being assaulted. She returned to the room and he told her to lay down with him on the bed and he took out her lava lava. The victim cried because she did not want to have sexual intercourse. The accused said to her “what are you crying for, this is something you want.....no other penis can fit into your vagina but only this will fit into your vagina”. The accused pushed a mineral water bottle into her vagina. The lid of the bottle went into her vagina and she felt really painful and was crying.

The accused then removed the bottle and then folded her lava lava and used his two fingers to push the lava lava into her vagina. The victim felt really painful and kept on crying.

The accused then took out the lava lava and pushed his penis into her vagina and had sexual intercourse with her. He released his sperm into her mouth. The victim did not consent to that sexual intercourse and did not agree for him to ejaculate his sperm into her mouth.

Then one of their children came and called the victim to go outside to see people who came to spray mosquitoes at their house. After the people left the accused called the victim to return to the room.

The accused had sexual intercourse with the victim again. He then squeezed her neck and urinated on her clothes. She cried and their children cried with her. The accused told the children to go and swim in the river and so the children left.

The accused then pulled the victim into the room again and had sex with her the third time. This was done without her consent and so she cried.

There are aggravating features in this case. They are that the insertion of a mineral water bottle and a lava lava into the vagina; ejaculating into the victim’s mouth and the repetition of rape.

The mitigating features in the case are that the accused has entered guilty pleas to all the charges against him. This save expense of witnesses and shorten the length of time to call all the witnesses. He has no previous convictions.

The accused was also charged with common assault under section 141 (1) of the Penal code in the indictment. The accused entered a not guilty plea to the charge. That section covers indecent assault and not common assault. That is a wrong section to charge common assault. The correct section is 244. The accused is accordingly acquitted of that charge.

The insertion bottle with its lid and the Lava lava into the vagina of the victim displayed abuse and cruelty against the victim.

Sentences: Count 1 - Five years imprisonment
Count 2 - Five years imprisonment
Count 3 - Five years imprisonment
Count 4 - Two years imprisonment
Count 5 - Two years imprisonment
Count 6 - Acquitted

Order that all sentences are to be served concurrently beginning on 13 December 2013. Order accordingly. This was the date when the accused was taken into custody until he was convicted and sentenced.

THE COURT