Regina v Vasipua [2017] SBHC 131; HCSI-CRC 186 of 2017 (8 December 2017)

REGINA

V

TONY VASIPUA

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

Criminal Case No. 186 of 2017

Date of Sentence: 8^th December 2017

Raja P Abe for the Prosecution
Douglas Hou for the Accused

SENTENCE

Mwanesalua, DCJ: The accused has been charged with one count of indecent assault, contrary to section 141 (i) of the Penal Code (Amendment) (Sexual Offences) Act 2016 and one count of intimation, contrary to section 231 (i) of the Penal Code.

The agreed facts are that the accused indecent assaulted the victim Mary Brella on the 10^th September 2016 at the L.D.A Village, Guadalcanal Province. The victim was sitting at the door of a hut when the accused approached her. He was drunk and held a knife. He sat on her thighs and kissed her face. She struggled and removed the knife from him and threw it to her sister. The accused was still kissing her and forcing her to the floor when a woman walked past the hut. The accused then got up from the victim and escaped from the scene of the offence.

The accused is married with four children. The children ceased attending school since accused has been arrested and remanded in custody.

Counsels agree that the wife of the accused is sick. She has cancer. Their children have ceased attending school. The accused is the only bread winner for his family. He has no previous conviction. He pleaded guilty to his offences.

The accused is sentenced as follows: indecent assault three years imprisonment, Intimidation three years imprisonment. Sentences are to be served concurrently. Order accordingly.

................................................
Hon. Justice Francis Mwanesalua
Deputy Chief Justice