R v Maesiwari [2019] SBHC 67; HCSI-CRC 69 of 2018 (24 May 2019)

HIGH COURT OF SOLOMON ISLANDS

Case name:	R v Maesiwari
Citation:
Date of decision:	24 May 2019
Parties:	Regina v David Maesiwari
Date of hearing:
Court file number(s):	CRC 69 of 2018
Jurisdiction:	Criminal
Place of delivery:
Judge(s):	Mwanesalua; DCJ
On appeal from:
Order:	David Maesiwari is accordingly sentenced to six months imprisonment for each of his offences. His sentence are to be served concurrently.
Representation:	Ms. O Ratu for the Crown Mr. C Rarumae for the Defendant
Catchwords:
Words and phrases:
Legislation cited:	Penal Code, s142 (i)
Cases cited:

IN THE HIGH COURT OF SOLOMON ISLANDS
CRIMINAL JURISDICTION

Criminal Case No. 69 of 2018

REGINA

V

DAVID MAESIWARI

Date of Sentence: 24 May 2019

Ms. O Ratu for the Crown
Mr. C Rarumae for the Defendant

SENTENCE

The Defendant in this case pleaded guilty to four counts of defilement, under section 142 (i) of the Penal Code.
The First offence was committed on an unknown date between 1^st and 31^st March 2009.
The Second offence was also committed on an unknown date between 1^st of March and 30^th of May 2009.
The Third offence was committed between 1^st and 30^th of May 2009. And the Fourth offence was also committed between 1^st and 30^th May 2009. The First offence was committed when the victim was alone in the garden picking potatoes and putting them in her bag. The Defendant approached the victim and asked her for sexual intercourse. The Defendant had sexual intercourse with her. The victim then left the garden with her bag and returned to her village.
The Defendant committed his second offence with the victim between 1^st March and 30^th May 2009. On this occasion the Defendant committed the offence while the victim at a coconut plantation.
The Defendant committed his third offence with the victim on an unknown date in May 2009 in the bush near a garden in which the victim was digging kumara.
The Defendant committed his fourth offence on an unknown date in May 2009. The victim was alone at an air drier at Maetawa village. The Defendant went to the victim and had sexual intercourse with her.
The Defendant was about sixty one years when he committed his crimes. He has a previous conviction for consuming liquid in public. He was fined $50.00 for that offence. That was about thirty-nine years ago.
The Defendant was born in 1948. He is now about seventy one years old. There was delay in this case. This delay was not caused by the Defendant personally.
The Victim in this case was aged twelve years old when he committed the crimes. The Defendant saved the costs of witnesses for the crown when entered guilty pleas to his crimes.
David Maesiwari is accordingly sentenced to six months imprisonment for each of his offences. His sentence are to be served concurrently. That means he will only serve six months imprisonment. Order accordingly.

THE COURT
Hon. Justice Francis Mwanesalua
Deputy Chief Justice