Regina v Roy - Sentence [2018] SBHC 23; HCSI-CRC 618 of 2017 (2 February 2018)

REGINA

V

ROY BISMARK

IN THE HIGH COURT OF SOLOMON ISLANDS
Civil Jurisdiction
(Maina J)

Civil Case No. 618 of 2017

Date of Hearing: 31^st January & 1^st February 2018
Date of Judgment: 2^nd February 2018

(Sitting at Gizo, Western Province)

Mr. I Kekeu and R. Talasasa for the Prosecution
Mr. L. Chite, B. Ifuto’o and H Lawry for the Defendant

SENTENCE

Maina PJ:

Introduction

Accused Bismark Roy was convicted on the charge of rape on 1^st February 2018 after a not guilty plea and a trial was convened and convicted of the offence of rape. I delivered an oral sentence and sentence accused Bismark Roy to six years imprisonment. Now I am giving my reasons for imposing of the sentence.

The offence of rape is a serious offence and court may impose up to a life imprisonment of any person convicted for this offence.

Some serious and aggravating features in this case and I take note of. Notably the accused is the first real cousin to the victim, a shamefully act of sex with relative that normally not accepted in our custom or society.

Complainant resisted by running away with used of physical power to overcome her. She was alone along the road and the present of the accused should be a guarantee for his cousin’s safety and security but instead the accused abuse that expected trust. I cannot more agree that this attitude or breach of trust deserves consideration for severe penalties for this case.

The accused pulled the victim under the pandanas trees to have sex and the victim was injured by the pandanus leaf thorns is also an aggravating feature. She was alone along the road when you reached and took advantage of her aloneness or isolation.

The accused threated the complainant and at the time of the offence he was holding a knife.

I noted the submissions by the prosecution and defence on sentencing and the starting point for the offence of rape. And I have no problem and accepted the consideration set by the previous cases on rape and notably the case of Regina v Ligiau & Dori Criminal Case No. 35 of 1986 with the statement by CJ ward. The approval of the Court of Appeal of that case and the court of Appeal reiteration on the starting point of sentencing of rape cases on non-contested and contested cases in particular the case of Regina v Niulifia [2005] SBCA 4; CA-CRAC 026 of 2004 (4 August 2005.

I accept the circumstances of sentencing and the starting point of rape. It can be increased in the presence of aggravating features, or reduced compatibly on mitigating factors and for this case both do exist to be considered in the sentence.
It is a single act of the accused, acted alone and he is a first offender. At the time of the offence he was 20 years old.

The reconciliation by the victim and accused’s families is noted and such is to ensure peace and harmony among them. After all they live together or alongside at Bava Island and they are relatives.

The starting point for rape as in Ligiau’s case would have been around eight years. Benefit of a guilty plea should not be available for the accused or should substantially reduce any sentence.

With the aggravating and mitigating factors, in all it be a balance the seriousness of the offences committed and the facts that this offence was committed in 2014 with the charge against the accused was laid in court in 2017. The accused has waited and this case just completed in February 2018.

Accused is 20 years at the time of the offence. At this time you should be 24 years and you are a young person with long life to come, a factor for consideration in sentence. I give credit for the fact that you have no previous convictions.

I take into account the need to impose a deterrent sentence, but noting the personal circumstances of the accused and other mitigating factors as I have alluded earlier, it is my view that six years be imposed and that would adequately reflect the seriousness of the crime and consideration of the aggravating and mitigating factors in this case.

Orders of the Court:

1. Impose sentence of six years for the charge of rape.
   
2. The period spent in custody is to be taken into account.
   

THE COURT

......................................................
Justice Leonard R Maina
Puisne Judge