R v Poka [2019] SBHC 94; HCSI-CRC 138 of 2019 (30 October 2019)

HIGH COURT OF SOLOMON ISLANDS

Case name:	R v Poka
Citation:
Date of decision:	30 October 2019
Parties:	Regina v Willsman Poka
Date of hearing:	30 October 2019
Court file number(s):	138 of 2019
Jurisdiction:	Criminal
Place of delivery:
Judge(s):	Maina PJ
On appeal from:
Order:	The accused is sentence to 3 years imprisonment The period already spent in custody on remand will be served as the sentence for him, and Accused is released at the rise of this court
Representation:	Mr. J Zoze for the Crown Mr. Alasia for the Accused
Catchwords:
Words and phrases:
Legislation cited:	Penal Code (Amendment) (Sexual Offences) Act 2016, s136F (3)
Cases cited:

IN THE HIGH COURT OF SOLOMON ISLANDS
CRIMINAL JURISDICTION

Criminal Case. 138 of 2019

REGINA

V

WILLSMAN POKA

Date of Hearing: 30 October 2019
Date of Sentence: 30 October 2019

Mr. J Zoze for the Crown
Mr. Alasia for the Accused

SENTENCE

Maina PJ:

The Defendant WILLSMAN POKA pleaded guilty on one count of attempted rape under section 136F (3) of the Penal Code as amended by the Penal Code (Amendment) (Sexual Offences) Act 2016.

Summary of Agreed facts

At around 12 pm on 25^th November 2016, the Complainant Sarah Deborah Kau went up to the garden to find and get some food for the dinner. She arrived at the garden and was looking for ngali nut fruits from a tree near their garden. Suddenly the accused Willsman, a well-known person to the Complainant appeared and grabbed her left hand and with right hand bend then to her back.

While holding on the hands to the back, the girl used her left hand to remove her clothes. The accused also removed his clothes and was naked.

Accused tripped the Complainant and she felled and landed on her back on the ground. The accused then laid on top of her. Complainant felt the accused penis on her vagina. Complainant and accused struggled on the ground and she cried and shouted out for help. As they struggled the Complainant held the accused’s’ testicle and pressed very hard. He felt very pained and stood up and then disappeared in the bush.

The crown submission state the age of the accused was 25 years old and over 18 years and the victim was 13 years old at the time of the offence.

There is no aggravating features in this case except with disparity of age of 12 years.

Accused pleaded guilty on the charge, single, young person and was 25 years old at the time of the offences, co-operate with Police investigation and no previous conviction. With these matters, I give credit to the accused and or taken into account in this sentence.

This case is rather within the lower degree of such offence and would attract the low penalty or as described in the sentences imposed by this court as presented or quoted by both counsels.

Accused has been in custody for 2 years 11 months and very interesting to note from the record the Crown filed the information on 8^th August 2019. The document with court also shows that accused also pleaded guilty at the PI process in the Magistrate Court and committed to High Court on 26^th September 2017. These fact shows substantial delay of the case against the accused.

Taking into account the period spent in custody with no delay on the accused’s part, his plea of guilty at the Magistrate’s Court, it is view the 2 years 11 months in custody is sufficient for his sentence on the charge attempt rape.

ORDERS

1. The accused is sentence to 3 years imprisonment.
2. The period already spent in custody on remand will be served as the sentence for him, and
3. Accused is released at the rise of this court.

THE COURT
Justice Leonard R Maina
Puisne Jud