R v Zama [2019] SBHC 10; HCSI-CRC 111 of 2018 (1 February 2019)

HIGH COURT OF SOLOMON ISLANDS

Case name:	R v Zama
Citation:
Date of decision:	1 February 2019
Parties:	Regina v Peter Jack Zama
Date of hearing:	31 January 2018
Court file number(s):	Criminal Case Number 111 of 2018
Jurisdiction:	Criminal
Place of delivery:	High Court of Solomon Islands
Judge(s):	Maina PJ
On appeal from:
Order:	Order accordingly, Seven years imprisonment Time spent in remand for this offence to be deducted from this sentence
Representation:	Mr. I Kekou for the Prosecution Mr. C. Ruele for the Defence
Catchwords:
Words and phrases:
Legislation cited:	Penal Code
Cases cited:	R v Ligiau and Dori, Soni v Regina, Regina v Manisonia, R v Jones Rivoqani

IN THE HIGH COURT OF SOLOMON ISLANDS
CRIMINAL JURISDICTION

Criminal Case Number 111 of 2018

REGINA

V

PETER JACK ZAMA
Accused

Date of Hearing: 31 January 2019
Date of Judgment: 1 February 2019

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

SENTENCE

Maina PJ: The accused PETER JACK ZAMA was originally charged with two counts of indecent assaults and one count of rape. On the process for the accused to be arraigned on the counts, the Director of Public Prosecution (DPP) nolle prosequi in respect to the accused on the two counts of indecent assaults. The two charges are dismissed and accused is discharged.

The accused was arraigned on the charge of rape contrary to section 136F (1) of the Penal Code as amended by the Penal Code (Amendment) (Sexual Offences) Act 2016 and he pleaded guilty on the charge.

Briefly an account or what had happened is as stated in the agreed facts and as tendered to the court.

The accused told the complainant that she poisoned by witchcraft and he can cure her.

The accused said that complainant’s skull was tied up to her boyfriend. Complainant believed this as the boy kept or was going after her. In a room, the accused instructed the complainant to lay down and take off her clothes until she was completely or full naked. She did so and the accused instructed her to lay quietly as he was doing the custom clearance to her. As the accused was doing or rubbing on the complainant’s body, suddenly the accused pushed his penis into the complainant vagina. She felt the penis of the accused in her vagina and quickly pushed away the accused from her.

The offence of rape is serious with a maximum penalty of life imprisonment. However for each case be considered on its own merit. The principle for sentencing on this offence of rape is settled in this jurisdiction by the case famous case of R v Ligiau and Dori [1986] SBHC 15; [1985-1986] SILR 214 (3 September 1986) and approved by the Court of Appeal in the case Soni v Regina [2013 SBCA 6, Criminal Case 27, 28, 35 of 2012. In that case the court ruled that in the absence of any aggravating or mitigating factors in a contested case the starting point for rape is 5 years.

And in the non-contested case His Lordship Palmer CJ in the Regina v Manisonia [2017] SBHC 107; HCSI-CRC 241 of 2017 (23 November 2017) stated that with an early guilty plea after receiving instructions from a lawyer, the starting point is less than 5 years. And in the case of R v Jones Rivoqani CRC 186 of 2015 His Lordship Palmer CJ stated what should be considered as aggravating factors i.e. breach of trust, carefully planned, previous conviction of rape or similar sexual offences, victim a young person and difference of ages.

For this Accused he is 51 years old. He is being a mature person and the complainant wanted help and put the trust on him cure her but it all turned out to be intended or well- planned abuse on part of the accused. He has several previous convictions on sexual offences and with rape charges the latest was recorded in 2013 and he was sentenced to 7 years imprisonment, an addicted old man with sexual-like-practices or behaviors.

Counsel for Defence produced a copy of medical report for accused and sought a lenient or merciful sentence for the accused. But the Counsel for the Crown responded that if accused he is imprisoned at Gizo prison it will be closer to the Gizo Hospital as his place is far to the hospital. I noted from the copy of medical report it is the same or previously copy used on the application for bail.

A concern and public interest is that sexual offence as rape, defilement, indecent assault and sexual related cases are now common with the courts even though the various amendment to the laws intended to prevent occurrences of the sexual offences. One interesting aspect of these sexual offences is that they are now commonly committed by the so called “olos” or old men.

For this case I give credit to the accused for the plea of guilty and taking in account the previous convictions with sexual offence charges, aggravating and mitigating factors, a custodial sentence of 7 years imprisonment is imposed for the accused.

Order accordingly,

Orders

(a) Seven (7) years imprisonment
(b) Time spent in remand for this offence to be deducted from this sentence.

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