Regina v Saleimanu [2017] SBHC 124; HCSI-CRC 537 of 2016 (29 December 2017)

REGINA

V

NOAH NORMAN SALEIMANU

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

Criminal Case No. 537 of 2016

Date of Hearing: 12 December 2017

Date of Sentence: 29^th December 2017

Mrs. Margaret Suifa’asia for Crown
Mr. Ben Alasia for Accused

SENTENCE

Mwanesalua, DCJ:

The accused Noah Norman Saleimanu pleaded guilty to one count of rape, contrary to section 137 of the code. He did rape Margaret Lingesi on an unknown date between 1^st and 30^th day of September 2013 at Hunuta village on Ugi Island.

The accused is the biological father of the victim. On the date of this offence the victim was cooking rice in the kitchen.

The accused came to the kitchen with a bush knife. He asked the victim for sex but the victim refused. The accused then threatened the victim with a bush knife, but victim persisted in her refusal. The accused then grabbed her hand and dragged her to their sleeping house. After they entered the house, he took the victim to her room and had sexual intercourse with her on the bed without her consent.

The accused is about forty-two years old. He was born on unknown date in 1976. He has five children including the victim. He has no previous conviction.

The accused has personal responsibility for instilling appropriate behaviour on the victim. He is there to protect her from harm and behaviour that may tarnish her reputation within the community in which she lives in at the present and later on in the future.

In considering the appropriate sentence to be imposed on for his offence, the court bears in mind that he pleaded guilty; his previous good character; while committing this offence no injury was done to the victim and that he has no previous convictions.

However, the accused is the father of the victim. He is a person who has the responsibility to protect the victim. He failed in that regard. The accused is according sentenced to seven years imprisonment. Sentence is to begin on the first day he was remanded at the Rove Correctional Centre. Order accordingly.

THE COURT