Regina v D [2016] SBHC 87; HCSI-CRC 350 of 2014 (12 May 2016)

REGINA

-V-

“D”

HIGH COURT OF SOLOMON ISLANDS
(PALMER CJ.)

Criminal Case Number 350 of 2014

Hearing: 6 May 2016
Sentence: 12 May 2016

Mr. R. B. Talasasa (Jnr.) (DPP) and Ms. Freliz Fakarii for the Crown;
Mr. M. Holara for the Defendant.

Palmer CJ.

1. You have been convicted of the offence of rape after entering a guilty plea. The offence of rape carries a maximum sentence of life imprisonment. Rape has always been regarded as a serious offence for it entails a violation of the will, mind, personality and dignity of a victim. The maximum sentence of life imprisonment reflects the seriousness with which the law views such offences. Each case however is to be decided on the merits of each case and sentences imposed will vary depending on the seriousness of the case in terms of the existence of any aggravating factors or mitigating factors.
   
2. The starting point for rape by an adult as set out in the case of R. v. Ligiau and Dori^[1] and which has been recently endorsed by the Court of Appeal of Solomon Islands in Soni v. Reginam^[2] where there is no aggravating or mitigating features in a contested case, is five years.
   
3. I am satisfied the starting point in a non-contested case, where a guilty plea has been entered would be less than 5 years. There are however a number of aggravating features in this case, which I take note of.
   
4. I accept the offending occurred on an isolated part of the bush and road. You took advantage of that to commit the rape. Escaping or resisting would not have been a viable option for the victim.
   
5. Secondly, it is not disputed that because of the long journey the victim was tired and weak and unable to resist your forceful advances.
   
6. Thirdly there is big age gap between you and the victim. She is an older woman at about 41 years of age compared to you at 16 years, which is an age disparity of 25 years. She tried to discourage you about this fact, but you completely ignored that.
   
7. On the other hand, I give credit for your guilty plea, which has not only saved court time and expense but also saved the victim from having to relive through testimony the trauma and distress of the ordeal.
   
8. I also give credit in that this is your first time to appear in court, that is, you have no previous convictions.
   
9. I also accept submissions of your lawyer that no excessive force was used to effect the rape, that it was done only once and no weapon used. The victim suffered no injuries as a result of the rape.
   
10. I also accept submissions of your counsel that no pre-planning was involved, it was a spur of the moment thing, though you took advantage of the time, place and location to commit the crime.
    
11. I accept submissions of your counsel that you are sorry for what you have done. I also note your age, that you are a young person, in deciding on what is the most appropriate sentence to impose.
    
12. The starting point in such a case would be about 4 years where it is not contested, that is, a guilty plea has been entered.
    
13. A number of cases have been referred to, of direct relevance, is the case of R. v. N [2012] SBHC 103, in which the victim was a child of about 6 years and the prisoner 16 years. A sentence of 5 years was imposed with an order for only half of the sentence to be served in prison and the remainder in the community under the care of a guardian or responsible adult. I have been urged by Counsel Holara to consider adopting a similar approach in this case.
    
14. The facts of that case are much more serious than this case, where the victim was infected with a sexually transmitted disease and it involved an invasion of the home where the victim was living.
    
15. I also note your personal circumstances raised by your lawyer on your behalf. I am impressed by your guilty plea, which is consistent with being sorry and remorseful for what has happened and noting that as a young person you have much in front of you to look forward to; prospects of rehabilitation in your case are good.
    
16. Balancing all factors together and in particular taking your youth into account, I am satisfied a sentence of three years is appropriate as a sentence to be imposed. The period spent in custody is to be taken into account.
    

Orders of the Court:

1. Enter conviction for the offence of rape and impose sentence of 3 years. The period spent in custody is to be taken into account.
   

The Court.

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^[1] [1986] SBHC 15 SILR (3 September 1986) Ward CJ
^[2] [2013] SBCA 6; Criminal Appeal Case 27, 28, 35 of 2012 (26 April 2013).