R v Iotua [2018] SBHC 105; HCSI-CRC 110 of 2018 (3 December 2018)

HIGH COURT OF SOLOMON ISLANDS

Case name:	R v Iotua
Citation:
Date of decision:	3 December 2018
Parties:	Regina v Teingoa Iotua
Date of hearing:	28 November
Court file number(s):	Criminal Case No. 110 of 2018
Jurisdiction:	Criminal
Place of delivery:	High Court of Solomon Islands
Judge(s):	Maina; PJ
On appeal from:
Order:	Accused Teingoa Iotua is Sentence to 4 years imprisonment The time or period spent in custody to be deducted from the sentence
Representation:
Catchwords:
Words and phrases:
Legislation cited:	Penal Code (Sexual Offences) (Amendment) Act 2016.
Cases cited:	R v Ligiau and Dori, Soni v Regina, Regina v Maewanusi, Regina v Manisonia

IN THE HIGH COURT OF SOLOMON ISLANDS
CRIMINAL JURISDICTION

Criminal Case Number 110 of 2018

REGINA

v

TEINGOA IOTUA
Accused

Date of Hearing: 28 November 2018
Date of Judgment: 3 December 2018

Mr I. Kekou for the Prosecution
Mr C. Ruele for the Assused

SENTENCE

Maina PJ: The accused TEINGOA IOTUA of Canaan Village, Western Province pleaded guilty on one count for raping Salome Siunarii and I convicted him on the charge under section 136 (f) (i) (a) & (b) of the Penal Code (Cap 26) as amended (Sexual Offences) (Amendment) Act 2016.

Briefly the fact is that on 14^th August 2017 at about 8pm, the victim went to the seaside to the bathroom, Defendant came behind the victim and he grabbed and said to her “mi like fuckem iu more”.

The Defendant then forcefully removed the victim’s pants and underpants and laid her on top some timbers. Victim refused to have sexual intercourse but the Defendant overpowered her, spread her legs, laid on top of her and he inserted his erected penis into the victim’s vagina.

The Defendant had sexual intercourse with the victim while she was crying. After the sexual intercourse with the victim, he put on his clothes and went away to his home. Victim felt wet between her legs and so she went and had a wash with water.

On the following day the victim told her step sister and mum of what had happened to her at the incident.

The penalty for rape is liable to life imprisonment. And courts reserves maximum penalty for the worst kind of cases. And as been stated in the other rapes cases dealt with by this court the starting point for sentencing on charge of rape is settled with 5 years for contested case as in R v Ligiau and Dori [1986] SBHC 15; [1985-1986] SILR 214 and so in the Court of Appeal in the case Soni v Regina [2013] SBCA 6, Criminal Case 27, 28, 35 of 2012.

For the non-contested case, the starting point for sentencing on the rape charge is lower or less than 5 years as ascribed in the cases Regina v Maewanusi [2010] SBHC 53; HCSI-CRC 384 of 2009 and Regina v Manisonia [2017] SBHC 107; HCSI-CRC 241 of 2017. Apparently there is a legal principle that cases to be decided by its own circumstances, and it is then the matter of the aggravating features and mitigating factors that would be taken into account and decide an appropriate sentence or be the consequence or be the consequence or sentence for the offence of rape.

Taking into account that sexual offences case are now the regular cases before the courts and as continually reported by the media. This sentence is also to deter you for such and any other offences. If you do it again in future and other person who are practicing or intent to involve this type of sexual and the sexual behaviours that you will expect considerable years in prison if the court find guilty of such offences. And the appropriate sentence for this accused with case is 4 years imprisonment.

ORDERS

1. Accused TEINGOA IOTUA is sentenced to 4 years imprisonment.
2. The time or period spent in custody to be deducted from the sentence.

THE COURT
......................................................
Justice Leonard R Maina
Puisne Judge