Regina v Buarobo [2017] SBHC 29; HCSI-CRC 501 of 2015 (21 July 2017)

REGINA

-V-

MOSES BUAROBO

HIGH COURT OF SOLOMON ISLANDS
(PALMER CJ.)

Criminal Case Number 501 of 2015

Hearing: 19 June 2017
Sentence: 21 July 2017

Mrs. M. Suifa’asia for the Crown;
Mr. H. Kausimae for the Defendant.

Palmer CJ.

1. You have been convicted of the offence of rape after a guilty plea. The offence of rape is regarded as a serious offence and is reflected by the maximum sentence of life imprisonment which the court can impose. This reflects the seriousness with which this type of offence is viewed by the public.
   
2. 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.
   
3. The starting point for rape by an adult as set out in the case of R. v. Ligiau and Dori^[1] and which has been recently endorsed by the Court of Appeal of Solomon Islands in Soni v. Reginam^[2] where there is no aggravating or mitigating features in a contested case, is five years.
   
4. As this is a non-contested case, an early guilty plea being entered after instructions from a lawyer, is less than 5 years. There are a couple of aggravating features in this case however, which I take note of.
   
5. First is the age of the victim, being at a young and tender age of 16 years old. Secondly, the disparity in age, at the time of offending you were an adult at 28 years old. Thirdly, the offence occurred as a result of a breach of a position of trust or responsibility between you and the victim in a close family setting or relationship; the victim an adopted child is related to you as a sister. This is not only a breach in the law but custom, the Christian faith and viewed with disdain by the community. Fourthly, you took advantage of her vulnerability being in the very same home which you both resided in, intruded into her bedroom where she was sleeping at night to commit the offence of rape. This was the last thing she would have expected from her brother, who was supposed to protect her and yet did the opposite, a very selfish and degrading thing. The trauma, shame and guilt you had inflicted upon her is bound to remain with her for a lifetime, if not for a very long time indeed.
   
6. I note on your behalf however, that you are remorseful and sorry for what you have done; your guilty plea is consistent with that, apart from saving court time and expense and the trauma and trouble of witnesses of having to re-live such incident if having to be required to give evidence in a contested trial. Your prospects of rehabilitation are good, you are a young person and have indicated a willingness to amend your ways. Your lawyer has informed the court that the time spent in prison has given you opportunity to reflect and to think through things in a more realistic prism.
   
7. I accept this was a one off act, spur of the moment thing, not planned or thought out carefully. No weapons, threats, force or injuries were used or caused to the victim. As soon as you were disturbed you hastily departed and did not remain to persevere in the act or do anything foolish etc.
   
8. The starting point in such a case would be around four years where it is not contested, that is, a guilty plea has been entered. However, with the presence of aggravating features that will bring the sentence to six years. When the guilty plea and other mitigating factors are taken into account, including the fact that he has had to wait for more than two years to have his case heard, I am satisfied a sentence of 3½ years (36 months) would be an appropriate penalty in the circumstances of this case. The period that he has spent in custody is to be deducted from the total sentence of 36 months herewith.
   

Orders of the Court:

1. Enter conviction for the offence of rape and impose sentence of 3½ years (36 months). The period spent in custody is to be deducted from the sentence of 36 months herewith.
   

Sir Albert R. Palmer CBE
The Court.

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^[1] [1986] SBHC 15 SILR (3 September 1986) Ward CJ
^[2] [2013] SBCA 6; Criminal Appeal Case 27, 28, 35 of 2012 (26 April 2013).