Regina v Taosuriofa [2017] SBHC 111; HCSI-CRC 554 of 2016 (24 November 2017)

IN THE HIGH COURT OF SOLOMON ISLANDS

Criminal Case Number 554 of 2016

REGINA

-V-

GIBSON TAOSURIOFA

(Palmer CJ)

Hearing: 21^st November 2017
Sentence: 24^th November 2017

Mr. Andrew E. Kelesi for the Crown;
Mr. John R. Brook for the Defendant.

Palmer CJ.

1. You have been convicted of the offence of incest after entering a guilty plea. The offence of incest is regarded as a serious offence carrying a maximum sentence of seven years and reflects too the abhorrence of the crime by the public.
   
2. The law recognizes this crime as having the capacity to erode^[1] and disrupt decent and normal family life and living and the trust and confidence of its victims and members within the family unit. Incest undermines the role of trust, care and welfare of the victim in the context of a crime with a younger sibling in the family unit. It is a serious matter because it is a form of behavior that society regarded as depraved^[2] and repugnant.
   
3. 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.
   
4. The range for this type of offence lies within 2-3years.
   
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 of the victim at 14 years. You have duty and obligation to protect such young girls and you failed in your responsibility to do that.
   
8. Secondly, is the breach of trust in your relationship to the victim as your blood sister born from the same father and mother. As an older brother she is entitled to look up to you for protection, security and care, which you failed in your duty and responsibility to discharge within the family unit. You broke family barriers, Christian barriers, custom barriers and the law for your own sexual gratification. This is wrong and unacceptable behavior.
   
9. The family unit is a vital institution where children and young persons have opportunity to be raised and grow in a safe and secure environment to achieve self-respect, dignity and realise their full potential and walk into their God-given destiny. Just as you have been given that opportunity, so too does the victim and you have the opportunity to play a part in contributing towards her future wellbeing, which you did not in this instance.
   
10. Thirdly, the offences were repeated over a period of time. You had opportunity to think things through and realise what you did was wrong, stop and desist but you did not.
    
11. Fourthly, you took advantage of your age as an older brother/man to threaten and coerce her to have sex with you.
    
12. On the other hand I take note of the factors raised in your mitigation by your lawyer. I accept that the guilty plea is consistent with being remorseful and sorry for your actions. The time spent in custody although lengthy has also given you opportunity to reflect and think things through, realise the error of your ways and to determine to make a change and reform in your life when you are released from prison. I accept submission from your lawyer that your prospects for rehabilitation to that extent are good.
    
13. I also note some form of reconciliation with your family including the complainant has been done and so allowing you to be accepted back into the community and in particular your family on release.
    
14. Taking all factors into account and balancing the aggravating and mitigating features in this case, I am satisfied a sentence of 3 years be imposed. The period spent in custody is to be deducted from the sentence of imprisonment imposed.
    
15. I note you have been remanded in custody on four occasions, for periods varying from about 3 months 25 days^[3], 4 months 4 days^[4] and 1 month 16 days^[5] respectively. The last and longest period of remand being the recent one from 1^st September 2016 to the current period, a total of about 14 months and 8 days^[6]. When the total period of time spent in custody in respect of this matter is taken into account, I am satisfied a substantial part of your sentence would have been served and so I direct that you be released at the rising of the court.
    

ORDERS OF THE COURT:

1. Convict defendant of all three counts of incest and impose sentences of 3 years for each count.
   
2. Order the sentences of imprisonment to be served concurrently.
   
3. Order that the period spent in custody to be deducted from the sentence of 3 years.
   
4. Order that you be released at the rising of the Court.
   

The Court.

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^[1] R. v. Wakime [1997] 1 VR 242 (CA) at p. 244, per Winneke P.
^[2] R. v. Sabangia [1992] SBHC 64, HCSI-CRC 7 of 1992 (16 June 1992)
^[3] 23.04.2015 – 18.08.2015;
^[4] 19.01.2016 – 23.05.2016;
^[5] 15.07.2016 – 01.09.2016;
^[6] 01.09.2016 – 24.11.2017.