R v Manai [2019] SBHC 17; HCSI-CRC 257 of 2015 (15 March 2019)

HIGH COURT OF SOLOMON ISLANDS

Case name:	R v Manai
Citation:
Date of decision:	15 March 2019
Parties:	Regina v Ben Manai
Date of hearing:
Court file number(s):	CRC 257 of 2015
Jurisdiction:	Criminal
Place of delivery:
Judge(s):	Mwanesalua; DCJ
On appeal from:
Order:	Ben Manai is accordingly sentence to five years imprisonment from the date of this sentence. Order accordingly
Representation:	Ms. O Ratu for the Crown Mr. B Alasia for the Accused
Catchwords:
Words and phrases:
Legislation cited:	Penal Code, s137
Cases cited:

IN THE HIGH COURT OF SOLOMON ISLANDS
CRIMINAL JURISDICTION

Criminal Case Number 257 of 2015

REGINA

V

BEN MANAI
Accused

Date of Judgment: 15 March 2019

Ms. O Ratu for the Crown
Mr. B Alasia for the Accused

SENTENCE

Mwanesalua, DCJ: This Defendant has been convicted of rape under Section 137 of the Penal Code. He was convicted of the crime on 8^th February 2019.

This case is very serious as the victim was heavily pregnant when the defendant committed his crime at Lunga beach.

The evidence of the victim is that the Defendant penetrates her vagina when he bent her down and stood behind her. Her evidence showed that only part of his penis penetrated her vagina. That is rape.

The Defendant has been remanded in custody before his trial, after trial and before his sentence. He was arrested and remanded since 22^nd of March 2015.

Rape is always a serious crime in this country. It carries a sentence of Life Imprisonment. However, this sentence is not mandatory.

There are mitigating circumstances in this case. The Defendant has no previous conviction known to this court. He is first offender.

The Defendant committed his crime on 22^nd March 2015 and was found guilty of his offence on 8^th February 2019.

Ben Manai is accordingly sentence to five years imprisonment from the date of this sentence. Order accordingly.

THE COURT
Hon. Justice Francis Mwanesalua
Deputy Chief Justice