Regina v Manisonia [2017] SBHC 107; HCSI-CRC 241 of 2017 (23 November 2017)

IN THE HIGH COURT OF SOLOMON ISLANDS

Criminal case Number 241 of 2017

REGINA

V

PATTSON MANISONIA

High court of Solomon Islands
Criminal Jurisdiction
(PALMER CJ)

Criminal Case Number 241 of 2017

Hearing: 16^th November 2017
Sentence: 23^rd November 2017

Mrs. M. Suifa’asia for the Crown;
Mr. D. Kwalai for the Defendant.

Palmer CJ:

1. You have been convicted of the offence of rape after a guilty plea. The offence of rape is regarded as a serious offence. This is reflected by the maximum sentence of life imprisonment that the court can impose and reflects too the seriousness with which this type of offence is viewed by the public.

2. Each case however is to be decided on its own merits and sentences imposed will vary depending on the seriousness of the case in terms of the existence of any aggravating or mitigating factors.

3. The starting point for rape by an adult in a contested case as set out in the case of R. v. Ligiau and Dori^[1] where there is no aggravating or mitigating features, is five years.

4. In a non-contested case, with an early guilty plea after receiving instructions from a lawyer, the starting point is less than 5 years.

5. I give credit for a guilty plea and so saving court time and expense from hearing this matter as well as saving the victim the trauma and trouble of re-living such incident had the matter gone to trial.

6. There are however, a couple of aggravating features in this case, which I take note of.

7. First, the age at 16 years, of the victim. This is an aggravating feature for the courts have duty to protect young girls at such tender and vulnerable age from continuing to fall victim to this type of deplorable and unacceptable behavior and crime in the community. Young men/adults like you should see yourself as keepers of the law and peace in the community and being responsible members in the community who assist in ensuring vulnerable members in our community, including young girls are protected and cared for instead of being part of the problem and becoming a liability to the community. Community strength, peace and cohesiveness can only come about when young men like yourself realise and understand your purpose in life and being able to live together peacefully and harmoniously with others in the community and contribute to peace and stability and a culture of lawfulness in the community. A clear message must continue to be sent out that those who offend will expect an immediate custodial sentence to be imposed.

8. Secondly, the disparity in age, at the time of offending you were a young adult, at about 24 years of age. Being older and stronger, it gave you power which you took advantage of, to accost the victim, drag her into the bushes against her will and force her to have sex with you. You need to understand that this would have been a terrifying and distressful experience for her and any young innocent girl in her position. This is disgraceful behavior on your part and wrong.

9. Thirdly, you used force, violence and threats to compel her to comply with your demand for nothing more than selfish sexual gratification.

10. I note on the other hand, you are remorseful and sorry for what you have done and your guilty plea is consistent with that. I accept submissions from your counsel that prospects of rehabilitation is good, being a young person and showing willingness to amend and reform your ways and to become an asset and blessing to your community instead of being a problem and liability. I note what your lawyer has told the court that time spent in prison in remand has given you opportunity to reflect, think and see things through a more realistic prism.

11. I accept this was a one off act, no planning involved and more a spur of the moment act. You escaped as soon as possible thereafter but that did not last long for you were soon apprehended and brought to the police immediately thereafter. You should also have learnt quickly that crime does not pay and that the long arm of the law can catch up with you quickly.
12. I take into account the fact that you have been in custody for well up to a year now, since your arrest, some 12 months ago in November 2016.

13. The starting point in a non-contested case, where a guilty plea has been entered would be 3-4 years. The existence of aggravating features will take the sentence up to about six years. When the guilty plea and other mitigating factors however, are taken into account, including the fact you have had to wait for a year before case can be heard and finally disposed of, I am satisfied a sentence of 4 years (also recommended by your Counsel) is an appropriate penalty in the circumstances of this case. I also order that the period spent in custody is to be deducted from the total sentence imposed herewith.

Orders of the Court:

Enter conviction for the offence of rape and impose sentence of 4 years. The period spent in custody is to be deducted from the sentence herewith.

Sir Albert R. Palmer CBE
The Court.

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^[1] [1986] SBHC 15 SILR (3 September 1986) Ward CJ