R v Pirineso [2019] SBHC 57; HCSI-CRC 109 of 2018 (5 July 2019)

HIGH COURT OF SOLOMON ISLANDS

Case name:	R v Pirineso
Citation:
Date of decision:	5 July 2019
Parties:	Regina v Matthew Pirineso
Date of hearing:
Court file number(s):	CRC 109 of 2018
Jurisdiction:	Criminal
Place of delivery:
Judge(s):	Maina; PJ
On appeal from:
Order:	In respect of the sentence imposed for all Counts; sentences is to be served concurrently with the sentence being served for Count 2.
Representation:	Mr. B Dalipanda for the Prosecution Mr. C Ruele for the Defence
Catchwords:
Words and phrases:
Legislation cited:	Penal Code (Amendment Sexual Offences Act 2016, 139 (1) (a), Criminal Procedure Code, s9
Cases cited:

IN THE HIGH COURT OF SOLOMON ISLANDS
CRIMINAL JURISDICTION

Criminal Case No. 109 of 2018

REGINA

V

MATTHEW PIRINESO
Defendant

Date of Sentence: 5 July 2019

Mr. B Dalipanda for the Prosecution
Mr. C Ruele for the Defence

SENTENCE

Maina PJ:
Introduction

The accused Matthew Pirineso pleaded guilty and convicted on five 5 counts of intercourse with a child who is under 15 years of age c/s section 139 (1) (a) of the Penal Code as amended by the Penal Code (Amendment Sexual Offences Act 2016. Under this provision the maximum penalty is life imprisonment.
As a brief fact the complainant was 12 years at the time of the offences and accused Matthew Pirineso was 72 years. The incidents occurred Leoko village Ghizo Island on 24^th September 2016, 30^th September 2016, 15^th October 2016, 21^st October 2016 and 24^th October 2016.
I give to you credit on all counts for plea of guilty, no previous conviction and take into account in the sentences for the offences. The aggravating factors in your case are huge disparity age (60 years), threat not to tell anyone and the effect to the complainant’s future life
The accused holds a position of trust for complainant as he is the brother of the complainant’s grandfather. He abused that trust with his actions of sexual intercourse with his granny. The fact that he had done that act a couple of times to a granny make it serious.
I am satisfied these facts and aggravating factors would raise the length of sentence to 8 years for offence of intercourse with a child who is under age of 15 years.
This case with the age (72 years old) of the accused would require a thought or consideration of the totality principle in sentence to ensure that an appropriate sentence or punishment is imposed on him for the offences he had committed. There are 5 charges, all under section 139 (1) (a) of the Penal Code as amended by the Penal Code (Amendment Sexual Offences Act 2016. The gaps in term of time when the accused committed these offences were some days apart and the longest was 15 days and were within a month period.
I take into account the benefit or being of 72 years old when he committed the offences. Accused walk with a stick, appears not healthy and with such age he has an extraordinary circumstance or situation that cannot be ignored by the court. The period, in particular each year embody a considerable part of the period to life that is left for him. He has less time to endure or no longer has much time live in life.
The provision in section 9 of the Criminal Procedure Code (Ch. 7) states:

• “(1) When a person is convicted at one trial of two or more distinct offences the court may sentence him, for such offences, to the several punishments prescribed therefore which such court is competent to impose; such punishments when consisting of imprisonment to commence the one after the expiration of the other in such order as the court may direct, unless the court directs that such punishment shall run concurrently”.

And the totality principle I would think the exception or proviso in the above provision is appropriate to be applied in the circumstances or situations in order to reach an appropriate sentence for this accused the offences.
This behaviour or abuse by men of the children or small girls is being or regularly reported in media i.e. newspapers and radios. It may be funny to some people but this is a concern as it is getting worse in Solomon Islands. While those who are young have committed this type of offences; old men from ages 50 – 70 years or “olo” is getting worse with sexual offences involving very young girls or girl under the age of 15 years. And I would say that these days the type of cases is becoming common in the court rooms. With this case as the main trail at this circuit, other case that were mentioned are of rapes or this type of offenses.
These crimes is increasing and somehow may set some record. Interestingly, the “olos” or “old man” seems to be common now with these type of offences. And this is a serious matter or concern and the state, those in authorities, elders in all works of life and every one of us in this nation just cannot laugh at it but do something about it or stop the trend of this crime.
For the court, any person who is found guilty and convicted for such sexual offences would expect deterrent sentences with imprisonments for the offences. And any person is thinking to commit such offence must know that he would expect imprisonment sentences.
Accordingly I am satisfied the sentence of 8 years for intercourse with a child who is under 15 years of age and with circumstances of this case and mitigation; the sentence is to be reduced to only of four years each of the counts and the sentences for Counts 3, 5, 6 and 7 to be made concurrent to the sentence of Count 2.

ORDERS

The accused Matthew Pirineso convicted of 5 counts of intercourse with a child under section 139 (1) (a) of the Penal Code as amended by the Penal Code (Amendment Sexual Offences Act 2016.
And the Accused is sentenced on the charges as follow:

• Ct 2: - Four (4) years imprisonment
• Ct 3: - Four (4) years imprisonment
• Ct 5: - Four (4) years imprisonment
• Ct 6: - Four (4) years imprisonment
• Ct 7: - Four (4) years imprisonment

In respect of the sentence imposed for all Counts; sentences is to be served concurrently with the sentence being served for Count 2.

THE COURT
Justice Leonard R Maina
Puisne Judge