R v Banga [2019] SBHC 37; HCSI-CRC 333 of 2017 (22 March 2019)

HIGH COURT OF SOLOMON ISLANDS

Case name:	R v Banga
Citation:
Date of decision:	22 March 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:	Accused is accordingly sentence to six years imprisonment beginning from the first day he was remanded in custody for his crime. Order accordingly
Representation:	Ms. O Ratu for the Crown Mr. D Kwalai for the 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 Sentence: 22 March 2019

Ms. O Ratu for the Crown
Mr. D Kwalai for the Defendant

SENTENCE

Peter Banga has been convicted of rape under section 136 of the Penal Code. The crime was committed in the house of the accused at night. This crime is very serious as its sentence is life imprisonment.
The accused was armed with a small knife with a yellow handle about twenty centre meters in length to threaten victim to have sexual intercourse with him.
Further, he prevented her from crying, screaming and struggling by telling her that he was an ex-prisoner and that he was not afraid of the police.
The genital examination revealed an area of bruising and visible linear small lacerations on the posterior of the vaginal floor around the orifice. These injuries finding were consistent with recent trauma from penetration.
The accused was armed with a knife when he committed of his offence. This made his offence very serious. He is accordingly sentence to six years imprisonment beginning from the first day he was remanded in custody for his crime. Order accordingly.

THE COURT
Hon. Justice F Mwanesalua
Deputy Chief Justice