R v Takesi [2020] SBHC 121; HCSI-CRC 547 of 2019 (30 November 2020)

HIGH COURT OF SOLOMON ISLANDS

Case name:	R v Takesi
Citation:
Date of decision:	30 November 2020
Parties:	Regina v Lawrence Takesi
Date of hearing:
Court file number(s):	547 of 2019
Jurisdiction:	Criminal
Place of delivery:
Judge(s):	Maina; PJ
On appeal from:
Order:	1. Ct 1 – 4 years imprisonment Ct 2 - 4 years imprisonment 2. Sentences to be served concurrently, 3. Time spent in remand for the charges to be deducted from the sentences, 4. No further orders
Representation:	Meioko for Crown Gray G and Kama F for Defence
Catchwords:
Words and phrases:
Legislation cited:	Penal Code (Amendment) (Sexual offences) Act 2016, S.139 (1) (b) [cap 26]
Cases cited:	R v Siru [2020] SBHC 87, R v Balekwai [2020] SBHC 84, R v Fiuga [2019] SBHC, R v Pirineso [2019] SBHC 57, R v Topo [2018] SBHC 99, R v Joe [2020] SBHC 81, R v Faenle [2019] SBHC 76

IN THE HIGH COURT OF SOLOMON ISLANDS
CRIMINAL JURISDICTION

Criminal Case No. 547 of 2019

REGINA

V

LAWRENCE TAKESI

Circuit: Gizo Western Province
Date if sentence: 30 November 2020

Counsel
Meioko for Crown
Gray G and Kama F for Defence

SENTENCE

Maina PJ:

1. The defendant Takesi Lawrence was charged, pleaded guilty and convicted on 2 counts of sexual intercourse with a child under 15 years of age, contrary to section 139 (1) (b) of the Penal Code [cap 26], as amended by the Penal Code (Amendment) (Sexual offences) Act 2016.
2. The defendant was born on 8th June 1979 and was 40 years old at the time of the offending. The defendant is the complainant’s maternal uncle.
3. The complainant is Ms. Elizabeth Cecilia of Kohnigo Island, Western Province and she was 14 years old and a grade 6 student.

4. Parties have hereto agreed to the following facts:

The first incident occurred on an unknown date between 1^st May 2019 and 31^st May 2019, the complainant went to the defendant’s house to watch movie with the defendant’s family. She then decided to spend the night and sleep at the defendant’s house. They were all sleeping at the sitting room of the defendant’s house. At around 6:00am, the defendant’s wife woke up and left to the market. The complainant was sleeping when she felt someone pulling her trousers. She woke up and saw that it was the defendant. The defendant reached towards the complainant’s leg and separated them. He climbed on to her and pushed his penis into her vagina. The defendant had sexual intercourse with the complainant until he ejaculated on top of her thighs. The defendant got up wore his clothes and left the complainant.
On count 2, the facts are that on the 10^th of August 2019, the complainant was at their house with one her-in-law Tepikea Nairo. The complainant left their house and went to the defendant’s house to fetch Nairo’s mobile phone and to get money from the defendant. At the defendant’s house, the defendant told the complainant that he had only $10.00 and that it was inside his room. They both went into the defendant’s room and closed the door behind them. In the room they both removed their clothes and lay on the defendant’s bed. The defendant had sexual intercourse with the complainant by pushing his penis into her vagina until he ejaculated on her thigh. He got up and was standing inside the room naked when Nairo opened the door to the room and saw the two of them naked.

5. The complainant’s mother found out about the defendant having sexual intercourse with the complainant. She went to the complainant’s school and asked the complainant and the complainant told her about what had happened. She then reported the matter to police.

6. The maximum penalty

The maximum penalty for the offence of sexual intercourse with a child between 13 and 15 years of age is liable to 15 years imprisonment. This law was enacted to protect the children from being abused by males.

7. The aggravating factors with the offending by the defendant is the age differences for the accused of 40 years and complainant was 14 years.
8. The sentence for each case defend on its own facts and circumstances and it is important to understand that these type of offending or intercourses with a child between 13 and 15 years under the provision^[1] is becoming common in this jurisdiction as noted in the cases^[2] referred to by defence counsel for the purpose the comparative sentences.
9. I noted from the facts the conducts and attitudes of both the defendant and complainant, I am satisfied the starting point in the sentence is five years.
10. From the facts of the case and the submissions by the counsels, I am satisfied the aggravating features is only the age disparity with the accused 40 years and complaint is 14 years.
11. Credit for plea of guilty by the accused at the first instance on the 2 counts of sexual offences. It saves the court’s time to conduct the trail and expenses of the Government and in particular at this time of Covid 19 time. That and being a first offender or has no previous conviction are taken into account in this sentence.
12. And upon considering the guilty plea, aggravating factors and mitigations, I sentence you, Takesi Lawrence to imprisonment as follows:
    1. Ct 1 – 4 years imprisonment

Ct 2 - 4 year’s imprisonment

2. Sentences to be served concurrently,
3. Time spent in remand for the charges to be deducted from the sentences,
4. No further orders

THE COURT
Justice Leonard R Maina
Puisne Judge

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^[1] section 139 (1) (b) of the Penal Code [cap 26], as amended by the Penal Code (Amendment) (Sexual offences) Act 2016,
^[2] R v Siru [2020] SBHC 87; HCSI-CRC 212 of 2020, R v Balekwai [2020] SBHC 84; HCSI-CRC 211 of 2020, R v Fiuga, [2019] SBHC 75; HCSI-CRC 91 of 2019, R v Pirineso [2019] SBHC 57; HCSI-CRC 109 of 2018, R v Topo [2018] SBHC 99; HCSI-CRC 113 of 2018, R v Joe [2020] SBHC 81; HCSI-CRC 256 of 2019; R v Faenle [2019] SBHC 76HCSI-CRC 361 of 2018