R v Kaneta [2019] SBHC 52; HCSI-CRC 112 of 2018 (15 July 2019)

HIGH COURT OF SOLOMON ISLANDS

Case name:	R v Kaneta
Citation:
Date of decision:	15 July 2019
Parties:	Regina v Roger Kaneta
Date of hearing:
Court file number(s):	CRC 112 of 2018
Jurisdiction:	Criminal
Place of delivery:
Judge(s):	Maina; PJ
On appeal from:
Order:	The accused Roger Kaneta is sentence to Sexual intercourse with a child- 6 years imprisonment Indecent Act- 2 years imprisonment The Sentence to be served concurrently or to serve 6 years Period spent in custody to be deducted from the sentence
Representation:	Mr. B Dalipanda for the Prosecution Mr. C Ruele for the Accused
Catchwords:
Words and phrases:
Legislation cited:	Penal Code, c/s138 (1)
Cases cited:	Pana v Regina [2013]

IN THE HIGH COURT OF SOLOMON ISLANDS
CRIMINAL JURISDICTION

Criminal Case No. 112 of 2018

REGINA

V

ROGER KANETA
Accused

Date of Sentence: 15 July 2019

Mrs. S Ramosae for the Prosecutor
Mr. B Ifuto’o for the Defendant

SENTENCE

Maina PJ:
Introduction

Accused Roger Kaneka has been convicted of sexual intercourse with a child under who is under 15 years of age and for this offence the maximum sentence is life imprisonment.

Earlier at the arraignment; you pleaded guilty on the charge of indecent act without consent c/s 138 (1) of the Penal Code as amended by the Penal Code (Amendment Sexual Offences Act 2016. I find you guilty upon own and convicted you on the indecent act without consent. And indecent act offence; it carries a maximum sentence of 10 years imprisonment.

The starting point for sentence for this type of offence as notable from the case of Pana v Regina [2013] SBCA is 8 years and that too applies in this case.

In this case there are aggravating features with disparity age, victim was young and age 7 years old at the time of offence and accused was drunk with alcohol.

The fact the victim is very young is an aggravating feature for obvious reasons and as the courts has said it many times in the sentence for these types of cases, any sentence to be imposed must reflect the seriousness and the need to protect young children.

These would raise the length of sentence to one of eight years for sexual intercourse with a child under 15 years and indecent act for a sentence of 2 years. The two offences occurred out of the same transaction.

The accused is a first offender; pleaded guilty on the charge of indecent act; he has been in custody for about two years. I am satisfied the sentence of 8 years for sexual intercourse with a child under who is under 15 years of age is to be reduced to six years and the sentence of indecent act is two years.

Orders of the Court

The accused Roger Kaneta is sentenced to:

1. Sexual intercourse with a child - 6 years Imprisonment
2. Indecent act – 2 years imprisonment.
3. The sentence to be served concurrently or to serve 6 years
4. Period spent in custody to be deducted from the sentence.

THE COURT
Justice Leonard R Maina
Puisne Judge