R v Wehi [2019] SBHC 50; HCSI-CRC 553 of 2016 (24 May 2019)

HIGH COURT OF SOLOMON ISLANDS

Case name:	R v Wehi
Citation:
Date of decision:	24 May 2019
Parties:	Regina v Bethuel Wehi
Date of hearing:	21 May 2019
Court file number(s):	CRC 553 of 2019
Jurisdiction:	Criminal
Place of delivery:
Judge(s):	Mwanesalua; DCJ
On appeal from:
Order:	The Defendant Mr Bethuel Wehi is accordingly sentenced to three (3) years Imprisonment for the crime from today the 24th of May 2019. Order accordingly
Representation:	Ms. O Ratu for the Crown Mrs. C Ruele for the Accused
Catchwords:
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IN THE HIGH COURT OF SOLOMON ISLANDS
CRIMINAL JURISDICTION

Criminal Case No. 553 of 2016

REGINA

V

BETHUEL WEHI
Accused

Date of Trial: 21 May 2019
Date of Judgment and Sentence: 24 May 2019

Ms. O. Ratu for the Crown
Mrs. C Ruele for the Accused

Counsel for the Crown and Defendant agreed summary of facts:

1. The name of this Defendant is Bethuel Wehi and the complainant is Vivian Tubu, they are both from Maniate Village in East Wainoni, Makira/Ulawa Province.
2. The Complainant is the daughter of the second cousin sister of the Defendant.
3. On the 10^th of May 2011, the complainant and two of her other sisters went to the Defendant to assist in preparing homemade pudding called Susugu.
4. At around 7pm after they have done preparing pudding, the Defendant asked the complainant to go with him to collect Megapod eggs where he dug and put them.
5. The Complainant and the Defendant left. The Defendant carried a knife, a torch light and a bag. They followed a road and reached a spot, where into a bush and walked along the beach.
6. The Defendant advised the Complainant to wait while he went to relieve himself. The Defendant returned without his clothes and told the Complainant that he liked her. The Complainant was afraid and cried.
7. The Defendant approached the Complainant, grabbed her hand and pulled her towards him. The Complainant refused and attempted to free herself. The Defendant threatened her by telling her that if she refused, he would hurt her with his knife.
8. The Complainant was afraid of the Defendant so she lay down and the accused had sexual intercourse with her. She did not enjoy that act as she did not consent to it.
9. The Defendant warned the Complainant not to tell anyone about what he did to her or he would hurt her. However, on the following day, the Complainant told John Kamare and John Wehi who are from the same village about the incident.
10. The matter was later reported to the Police and the Defendant was arrested and charged.
11. The Complainant was born on the 26^th of February, 1997 and was 14 years old when the offending occurred. The Defendant is now in his late 50s.
12. Sometimes after the incident, the Complainant left to Isabel with her family and has been residing there until today.
13. This court does not have antecedent record on the Defendant Mr Bethuel Wehi is accordingly sentenced to Three (3) Years Imprisonment for the crime from today the 24^th of May, 2019. Order accordingly.

THE COURT
Honourable Justice Francis Mwanesalua
Deputy Chief Justice