R v Banga [2019] SBHC 36; HCSI-CRC 333 of 2017 (27 February 2019)

HIGH COURT OF SOLOMON ISLANDS

Case name:	R v Banga
Citation:
Date of decision:	27 February 2019
Parties:	Regina v Peter Banga
Date of hearing:
Court file number(s):	CRC 333 of 2017
Jurisdiction:	Criminal
Place of delivery:
Judge(s):	Mwanesalua; DCJ
On appeal from:
Order:	The accused is convicted of rape as indicted. Order accordingly.
Representation:	Ms. O Ratu for Crown Mr D Kwalai for defendant
Catchwords:
Words and phrases:
Legislation cited:	Penal Code, s136
Cases cited:

IN THE HIGH COURT OF SOLOMON ISLANDS
CRIMINAL JURISDICTION

Criminal Case Number 333 of 2017

REGINA

V

PETER BANGA
Accused

Date of Judgment: 27 February 2019

Ms. O Ratu for Crown
Mr D Kwalai for defendant

JUDGMENT

The Defendant in this case is Peter Banga. He has been indicted on one count of rape under Section 136 of the Penal Code. He pleaded not guilty to the charge when he was arraigned.
The Complainant in the case is Helen Tutua. Her evidence is that on 14^th August 2015, she was living at Alligator Creek with Yvonne Bale. On the evening of that day about 9.30 at night, she went to Bula Beach at Fox Wood, Tenaru, Guadalcanal Province to meet other members of her youth action group who were going to perform that night.
She went there in a taxi and arrived there at about ten o’clock at night. She spoke to the girls who told her that the program was postponed to the next day 15^th August 2015. The girls then told her to see the accused spend the night at his house.
Further, they said that her sister Susan was living in his house. She went to the house of the accused but did not see Susan there. She merely saw the accused drinking kwaso at the veranda.
The accused told her to go into the house and sleep as it was getting late. The complainant went into the room. She asked accused where Susan was sleeping. He said that Susan was sleeping in the other room of the accused’s house.
The Complainant lay on the bed but did not go to sleep. She was afraid because the accused was outside and that the accused did not want her to close the door. The accused entered the room about twenty minutes later. He held a knife with a yellow handle about twenty centre metres in length. He said to her that he wanted to have sexual intercourse with her. If she refused, he would stub her with the knife.
He stopped her from crying, screaming, and struggling. He told her that his an ex-prisoner and that he was not afraid of the Police. He covered her mouth with his hands. He asked to kiss her but she refused.
He eventually had sexual intercourse with her without her consent. That is rape and therefore he according convicted of rape as indicted. Order accordingly.

THE COURT
Hon. Francis Mwanesalua
Deputy Chief Justice