R v Memea [2020] SBHC 120; HCSI-CRC 560 of 2020 (27 November 2020)

HIGH COURT OF SOLOMON ISLANDS

Case name:	R v Memea
Citation:
Date of decision:	27 November 2020
Parties:	Regina v John Memea
Date of hearing:	25 November 2020
Court file number(s):	560 of 2020
Jurisdiction:	Criminal
Place of delivery:
Judge(s):	Maina; PJ
On appeal from:
Order:	(i)Ct 1- 3 years imprisonment Ct 2-3 years imprisonment Ct 3-3 years imprisonment Ct 4-3 years imprisonment (ii) Sentences to be served concurrently, (iii) Time spent in remand for the charges to be deducted from the sentences, (iv) No further orders
Representation:	Meioko A for the Prosecution Gray G and Kama F for Accused
Catchwords:
Words and phrases:
Legislation cited:	Penal Code (Amendment) (Sexual Offences) Act 2016, S. 139 (1) [cap 26]
Cases cited:	Mulele v Director of Public Prosecution and Poini v Director of Public Prosecution [1985] SBCA 6, Regina v Pana [2013] SBHC 88, R v Manele [2020] SBHC 37, R v Faenle [2019] SBHC 76

IN THE HIGH COURT OF SOLOMON ISLANDS
CRIMINAL JURISDICTION

Criminal Case No. 560 of 2020

REGINA

V

JOHN MEMEA

Court Circuit: Gizo

Date of Hearing: 25 November 2020
Date of Sentence: 27 November 2020

Counsel
Meioko for the Prosecution
Gray G and Kama F for Accused

SENTENCE

Maina PJ:

1. The accused John Memea pleaded guilty and convicted on 4 counts of sexual intercourse with a child under 15 years of age contrary to section 139 (1) of the Penal Code [Cap 26] as amended by the Penal Code (Amendment) (Sexual Offences) Act 2016.

Facts

Accused Memea had sexual intercourse with a 13 year old boy complainant by putting the boy’s penis in accused’s mouth and or sucking the boy’s penis.
The incidents occurred on three occasions inside the upstairs’ bedroom in Jammie Amangongo’s house at KHY area Gizo Town on the unknown dates between 1^st November 2019 and 30^th December 2019. And the fourth occasion or time was on 10^th May 2020.

2. Penalty and purpose of the Law

The law in section 139 (1) of the Penal Code as amended provided that any person is found guilty of the offence shall be liable for 15 years imprisonment. And the courts had stated many times that the purpose of the law is to protect the children from being abused by males.
And such abused are as you had done to the victim (JW) in this case by sexual intercourses or putting his penis in your mouth.

3. The offending by this accused involved a male to male or guy conducts or behaviors in sex. There were no perseverance by accused Memea into a virginal organ or part of the female as commonly known for, but he put the victim penis in his mouth and probably enjoys the sperm with his salve or creams from his mouth.

In the civilized societies, such act or behaviors by you, Memea is immoral and disgraceful on you and your thinking. It is so as common sense or you will comprehend that penis is for urinating and for sex it should be the vagina, a designate site of the female for the purpose. If you can’t hold your feeling you should not abuse your mouth, as the mouth is for eating food when you are hungry.

4. I noted the case of Mulele v Director of Public Prosecution, Poini v Director of Public Prosecution^[1] on the four requirements or what to be taken into account in the sentences for this type of offence.
5. With this case the aggravating features are the age differences of the accused 34 years and complaint is 13 years and the position of trust.
6. I am satisfied that the starting point of four years should be for the accused’s offence and for the purpose of comparative sentences I noted and familiar with the cases Regina v Pana^[2], R v Manele^[3], R v Faenle^[4] and others in this jurisdiction of people charged and sentenced under this provision.
6. I give credit to the accused for plea of guilty on the 4 counts of sexual offences at the first instance. It saves the court’s time and expense to the Government and in particular at this time of Covid 19 time. I take these into account in my sentence on the 4 charges.
7. These offending by the accused Memea is somewhat new in the court’s scenario as the normal male abused or sexual intercourse were with females under 15 years old but you had decided to set a new record or take it up higher by doing such an abuse act or sex to a male child. You may be a guy person but it is an offence to do such an act or fulfil your sexual desires with a person under 15 years of age.
8. For the charges of sexual intercourse with a male person under 15 years I sentence you to imprisonment as follows:
   • (i) Ct 1 – 3 years imprisonment

Ct 2 - 3 years imprisonment

Ct 3 - 3 years imprisonment

Ct 4 - 3 years imprisonment

(ii) Sentences to be served concurrently,
(iii) Time spent in remand for the charges to be deducted from the sentences,
(iv) No further orders

THE COURT
Justice Leonard R Maina
Puisne Judge

---

^[1] [985-1986] SILR 145
^[2] [2013] SBHC 88
^[3] [2020] SBHC 37
^[4] [2019] SBHC 76