R v Channel [2019] SBHC 64; HCSI-CRC 363 of 2016 (6 June 2019)

HIGH COURT OF SOLOMON ISLANDS

Case name:	R v Channel
Citation:
Date of decision:	6 June 2019
Parties:	Regina v Peter Channel
Date of hearing:	12 December 2018
Court file number(s):	CRC 363 of 2016
Jurisdiction:	Criminal
Place of delivery:
Judge(s):	Maina; PJ
On appeal from:
Order:	The accused Peter Channel is sentenced to five years imprisonment. The period spent in custody to be deducted from the sentence
Representation:	S Ramosaea for the Prosecution Mr. B Ifutoo for the Defendant
Catchwords:
Words and phrases:
Legislation cited:	Penal Code, s136 and 137
Cases cited:	Regina v Ligiau and Dori [1985-1986] SILR 214 Regina v Iroi [2004] SBHC 31

IN THE HIGH COURT OF SOLOMON ISLANDS
CRIMINAL JURISDICTION

Criminal Case No. 363 of 2016

REGINA

V

PETER CHANNEL
Accused

Date of Hearing: 12 December 2018
Date of Sentence: 6 June 2019

S Ramosaea for the Prosecution
Mr. B Ifutoo for the Defendant

SENTENCE

Maina PJ:

The accused Peter Channel pleaded guilty and convicted on one count of rape contrary to section 136 as read with section 137 of the Penal Code. The later provision provide that any person who commit the offence rape shall be liable imprisonment for life.

Like offences of violence there is a calls for deterrent sentence, rape is a crime of violence and Parliament has seen it fit to provide substantial penalties for crimes of violence i.e. rape is liable to life imprisonment. That is a safeguard and the people will know or learn that violence cannot be tolerated in any community or society. Whoever offends will be dealt with severely. Being a crime of that nature, the offence appears to be or prevalent in the Solomon Islands and there are good reasons for imposing deterrent sentences.

For this case these reveal the facts. The complainant and her mother were walking along the road. The defendant saw them and he jumped out of the veranda of the house he was sitting in and ran to the complainant’s mother and chased her. He tried to grab the mother but resist and escaped from the scene. When the complainant saw the defendant chasing her mother she ran in the opposite direction towards Ravu seaside.

The defendant pulled the complainant away from John Meri to the beach and there he removed the complainant’s school uniform (skirt) and underpants. He laid the complainant on the ground and pushed or penetrated his penis into her vagina.

The complainant struggled to push the defendant away but could not as the defendant held or put his hands over her chest. She continued to struggle until she pushed away the defendant and then ran to the sea. She jumped into the sea and swarm to her uncle’s house nearby. She shouted for help as she swam half naked.

In this jurisdiction the court have formed general guide for sentencing in rape cases as Ward, C.J. in Regina v. Ligiau & Dori [1985/86] SILR 214 and approved by Kubui J in the case Regina v Iroi - Sentence [2004] SBHC 31; HC-CRC 150 of 2003 (7 April 2004). I bear in mind that as guideline in considering the sentence for the accused. That, too and calls for deterrent sentence on the offence as it seem now to be prevalent in the Solomon Islands.

Upon taking into account the plea of guilty, young person, aggravating factors, delay and the matters in this case, the accused Peter Channel is sentenced to five years imprisonment.

ORDERS

1. Order accordingly
2. The period spent in custody to be deducted from the sentence

The Court
Hon. Justice Leonard R Maina
Puisne Judge