R v SM (Juvenile) [2018] SBHC 114; HCSI-CRC 187 of 2017 (19 December 2018)

HIGH COURT OF SOLOMON ISLANDS

Case name:	R v SM(Juvenile)
Citation:
Date of decision:	19 December 2018
Parties:	Regina v SM
Date of hearing:	18 December 2018
Court file number(s):	187 of 2017
Jurisdiction:	Criminal
Place of delivery:
Judge(s):	Sir A. Palmer; CJ
On appeal from:
Order:	Enter Conviction on each of the two counts of sexual intercourse and impose sentence of 12 months for each Direct that each sentence is to be served concurrently, the total sentence to be served therefore id 12 months The period spent in custody is to be deducted for the sentence Having satisfied that a sufficient amount of time had been spent in pre-trial custody, direct that the defendant be released forthwith at the rising of the court
Representation:	Ms. E V Rizzu for the Crown Mr. M Holara for the Defendant
Catchwords:
Words and phrases:
Legislation cited:	Penal Code (Amendment) (Sexual Offences) Act 2016
Cases cited:

IN THE HIGH COURT OF SOLOMON ISLANDS
CRIMINAL JURISDICTION

Criminal Case No. 187 of 2017

REGINA

V

“SM”
Accused

Date of Hearing: 18 December 2019
Date of Sentence: 19 December 2019

Ms. V Rizzu for the Crown
Mr. M Holara for the Defendant

SENTENCE

(Note: order suppression of name to protect identity of the victim and defendant as both are juveniles at time of offence)

Palmer CJ.

1. You have been charged with two offences of sexual intercourse with a child under the age of 13 years, under the recent amended legislation, the Penal Code (Amendment)(Sexual Offences) Act 2016, which carries a maximum imprisonment sentence of life imprisonment.
2. While the maximum sentence of life imprisonment for such offences is reserved for the most serious of cases, it also reflects Parliament’s view of the gravity of this type of offence, the objective being to protect children from sexual predators, offenders and human trafficking. Each case however, is to be considered on its own merits and sentences of varying terms of imprisonment are imposed depending on the presence of aggravating or mitigating factors.
3. It is on this basis that this case stands out from other sexual offence cases that come before the courts. The facts clearly distinguish it from the rest.
4. Both the offender and victim or complainant are juveniles, the victim being 12 years of age and defendant 17, at time of commission of offences. Both offences as well arose out of relationship, as boyfriend and girlfriend, and which resulted in consensual sexual acts between the two on two occasions.
5. I give credit for your guilty plea given at an early stage before trial and thus saving court time and expense but also saving the victim from having to be subjected to the rigors of a trial etc. This also reflects your remorse and acceptance that your actions were wrong. You have paid compensation in custom in the sum of $1,000.00 plus one red shell money and apologized to the family of the victim to restore peace and harmony amongst your families. This has enabled you to re-enter back into your community without fear of reprisals or revenge.
6. I also note and give credit for no previous convictions, that this is your first time to appear in court.
7. Your age, being a juvenile at the time of commission of offences, is a major mitigating factor in this case, apart from the fact there are no aggravating factors in this case, other than the fact of the age of the victim.
8. I note you are now married and have sought to settle down in life. I note your schooling was disrupted by being held in remand for the offences. To that extent your education has been disrupted as a result of this offence. I accept submissions from your lawyer that you have learned from your time and experience spent in custody, that you have reformed, are prepared to change and wish to move on with your life.
9. I accept submissions from your Counsel that principles of retribution and deterrence do not feature to the same extent as in other cases where a number of aggravating features exist, for principles of rehabilitation, reformation and reintegration feature more in your case. I accept that the starting point in the circumstances of your case where there is virtually an absence of aggravating features, where the offending arose from a friendship resulting in consensual sexual intercourse taking place and giving due account to the mitigating factors as set out in your Counsels submissions, for your age, being a juvenile, having no previous convictions, reconciling and paying compensation to the victim’s family and for pleading guilty at an early stage, I am satisfied a sentence of 12 months is to be imposed to reflect the seriousness with which the courts and the community view this type of offence. I have been asked to have these suspended but noting that you had been remanded in custody for almost half of that period, I order that the period spent in custody be deducted from your sentence. As well, I am satisfied it would not be fair and just to have a suspended sentence order hanging over you when a substantial period of the sentence, had been served in pre-trial custody and therefore direct that you be released forthwith at the rising of the court.

Orders of the Court:

1. Enter conviction on each of the two counts of sexual intercourse and impose sentences of 12 months for each.
2. Direct that each sentence is to be served concurrently, the total sentence to be served therefore is 12 months.
3. The period spent in custody is to be deducted from the sentence herewith.
4. Having been satisfied that a sufficient amount of time had been spent in pre-trial custody, direct that the defendant be released forthwith at the rising of the Court.

Sir Albert R. Palmer CBE
The Court.