R v Meteao [2017] SBHC 154; HCSI-CRC 375 of 2015 (20 April 2017)

HIGH COURT OF SOLOMON ISLANDS

Case name:	R v Meteao
Citation:
Date of decision:	20 April 2017 ( Ex Tempore)
Parties:	Regina v Aaron Meteao
Date of hearing:	20 April 2017
Court file number(s):	CRC 375 of 2015
Jurisdiction:	Criminal
Place of delivery:
Judge(s):	Sir Palmer; CJ
On appeal from:
Order:	Imposed sentence of 3 years herewith Direct that the period spent in custody of about 12 years and 3 months be deducted for the sentence imposed Direct that you be released at the rising of the court, a substantial of the sentence having been served
Representation:	Ms. F Joel and O Ratu for the Crown Mr. M Holara for the Defendant
Catchwords:
Words and phrases:
Legislation cited:	Penal Code
Cases cited:

IN THE HIGH COURT OF SOLOMON ISLANDS
CRIMINAL JURISDICTION

Civil Case Number: 375 of 2015

REGINA

V

AARON METEAO
Accused

Date of Hearing: 20 April 2017
Date of Sentence; 20 April 2017 (Ex Tempore)

Ms. F Joel and O Ratu for the Crown
Mr. M Holara for the Defendant

SENTENCE

Palmer CJ.

You have pleaded guilty to one count of rape, which is a serious offence under our Penal Code. I have listened to the facts of this case which to some extent is somewhat different to others. The facts of the case showed it was a spur of the moment act and one off event. You were under the influence of alcohol at the time of commission of offence, which is not a mitigating factor. When you are drunk you are more likely to do things that you normally would not do.
The facts showed you were mixing around with the victim and others at such a late hour in the nigh and happened to see the victim asleep in a car with the doors open. She had obviously fallen asleep from being too drunk. The driver of the vehicle has also fallen asleep while drunk and both his door and the back door where you were sleeping were both open.
You happened to see her and was tempted in your mind to have sex with her.
I note you are sorry for what have done and that is consistent with your guilty plea. Your age is also to your advantage as prospects of rehabilitation in your case are good. I note in your favour there were no other aggravating features present in this case. You did not use physical violence or force to effect the rape and no weapon was used, although I note prosecution had stressed the point that there was an element of trespass present when you entered the vehicle to rape here at the back seat of the car.
I note from the facts that when you were disturbed you stopped and ran off. The victim throughout was not aware. She only knew she had been raped when her two friends who saw the told her about what had happened.
I take into account you had been in custody for substantial period of time waiting for your trail. I take that account into account will have it deducted from your sentence.
Taking into account the facts in this case, the circumstances of the offence, and what has been said in your favour by your counsel, I am satisfied a sentence of three years is appropriate in this case. You are convicted accordingly and sentenced to 3 years imprisonment herewith. The period spent in custody is to
Be deducted from your sentence. Noting that you have spent almost 24 months in pre-trial custody. I am also satisfied that a substantial part of the sentence has been served and accordingly, I am satisfied too that you can be released at the rising of the court; I so order.

Orders of the Court:

1. Impose sentence of 3 years herewith.
2. Direct that the period spent in custody of about 2 years and 3 months be deducted from the sentence imposed.
3. Direct that you be released at the rising of the Court, a substantial part of the sentence having been served.

THE COURT

SIR ALBERT R.PALMER CBE