Regina v Temoa [2017] SBHC 122; HCSI-CRC 86 of 2017 (11 August 2017)

REGINA

V

PAUL TEMOA

IN THE HIGH COURT OF SOLOMON ISLANDS
(Mwanesalua, DC)

Criminal Case No. 86 of 2017

Hearing : 9^th, 10^th August 2017
Judgment : 11^th August 2017

Mwanesalua DCJ:

The accused is charged with one count of defile under section 142 (^[1]i) and one count of indecent assault under section 141 (1) of the Penal Code. The accused pleaded not guilty to the charges.

The court has taken into account the agreed facts filed in court by the Prosecution and the defence on 9^th August 2017.

The complainant gave evidence. Her evidence is that she is now eight years old. She was six years old when the accused committed the offences between 1^st of February 2015 & 30^th of June 2015.

The complainant’s evidence is that at the day of the offences, she was washing plates at a tank when the accused approached her. The accused then held her hand and pulled her to a small house.

He took off his trouser and put his penis into her month. She was sitting when he did that to her. She felt bad about it.

The accused then pushed his penis into her vaginal and had sexual intercourse with her.

While the accused was still having sexual intercourse with her, Rebecca Niabo entered to the small hut with her torch light. She saw the complainant and the accused there.

The complaint was examined by Dr. Rakei on 6 July 2015. Examination of the genitalia revealed a partial tear of the hymen posteriorly which has healed.

There is evidence to convict the accused of the defilement and he is according convicted that offence. Order accordingly.

SENTENCE

The accused has no previous convictions. He convicted offences. He sentenced as follows:

1. Defilement – two years imprisonment
2. Indecent assault – one year imprisonment

Total Sentence – Three years imprisonment

THE COURT

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