R v Mananiba [2020] SBHC 122; HCSI-CRC 489 of 2020 (30 November 2020)

HIGH COURT OF SOLOMON ISLANDS

Case name:	R v Mananiba
Citation:
Date of decision:	30 November 2020
Parties:	Regina v James Mananiba
Date of hearing:
Court file number(s):	489 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 Ct 3 -4 years imprisonment 2. Sentences to be served concurrently, 3. Defendant to serve only 4 years 4. Time spent in remand for the charges to be deducted from the sentences, 5. 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) (a) [cap 26]
Cases cited:	R v Siru [2020] SBHC 87, R v Balekwai [2020] SBHC 84, R v Fiuga [2019] SBHC 75, 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. 489 of 2019

REGINA

V

JAMES MANANIBA

Circuit: Gizo, Western Province

Date of Sentence: 30 November 2020

Counsel
Meioko for Crown
Gray G and Kama F for Defence

SENTENCE

Maina PJ:

The defendant James Mananiba has been charged with 3 counts of sexual intercourse with a child under 15 years of age contrary to section 139 (1) (a) [cap 26], as amended by the Penal Code (Amendment) (Sexual Offences) Act 2016.

He has pleaded guilty on the 3 counts of sexual intercourse with a child under 15 years of age and accordingly convicted to the charges.

Agreed Facts
Parties have hereto agreed to the following facts:

1. The defendant is Mr. James Mananiba of Lale Village, Ranogga Island in the Western Province and was 36 years old at the time of the offending. The defendant is the related to the complainant’s mother as her first cousin sister
2. The complainant was born on the 24^th of March 2009. In 2019, she was 9 years old and was a Class 2 student at Lale Primary School, Ranogga Island.
3. The first incident happened on at unknown date 1n 2019 when the complainant was sent by her mother to go and collect cabbage from their garden behind their house. On her way to the garden, the complainant met the defendant. On her way the defendant called out to her but she continued to walk to their house and gave the cabbage she collected from the garden to her mother.
4. Later, the complainant went to see one of her uncle and the defendant. The defendant gave the complainant betel-nut and told her to follow him to nearby cave. They went and at the cave, the defendant told the complainant to lay down on the ground and told her to remove her clothes but she refused. It was then that the defendant removed her shirt and her pants. The defendant pushed his figure in and out into the complainant’s vagina. The complainant felt pain on her vagina. After that, the defendant told the complainant not to tell anyone what had happen.
5. The second incident occurred on an unknown date between 1^st January 2019 and 31^st December 2019, the complainant was at their garden behind their house and saw the defendant standing beside a tree. The defendant called out to her and told her to go to him but she refused. The defendant called out to her the second time and she decided to go to where the defendant was standing. Whilst the complainant was with him, the defendant removed the complainant’s clothes. He then used his right hand index figure and pushed it into the complainant’s vagina. The complainant felt pain and she cried but the defendant continued to push his figure into her vagina. After that, the complainant wore her clothes and went back to their house.
6. And the third incident happened also on an unknown date between 1^st January 2019 and 31^st December 2019, the complainant went to the defendant’s coconut planation to husk the coconut. While she was at the planation, the defendant told her to remove her clothes but she refused. The defendant then removed the complainant’s clothes. He then used his right hand index figure and pushed it into her vagina. It was painful for the complainant but the defendant continued to push his figure in and out of the complainant’s vagina.
7. The complainant told incidents or what the defendant had done to her mother and then they reported the incidents to Police.

The maximum penalty and the purpose of the law

8. The maximum penalty for the offence under section 139 (1) (a) [cap 26], as amended by the Penal Code (Amendment) (Sexual Offences) Act 2016 is liable to life imprisonment and this court when dealing with the offence in many cases have stated that the purpose of the law is to protect the children from being abused by males.
9. Both counsels submitted and acknowledged that the aggravating features with the offending by the defendant and I am satisfied the aggravating factors is the age differences for the accused of 36 years and complainant was 9 years and the abuse of the position of trust for being an uncle.
10. The sentences for each case defends on its own facts and circumstances. It is important to understand that these type of offending^[1] or sex with a child between 13 and 15 years of age is becoming common in this jurisdiction. Defence counsel referred to for the purpose the comparative sentences in the cases of R v Siru^[2], R v Balekwai^[3], R v Fiuga^[4], R v Pirineso^[5], R v Topo^[6], R v Joe^[7] and R v Faenle^[8],
11. And further and interesting to note too, is the sexual offence or sexual intercourse with underage child or children is increasing in our communities and towns. At this one week circuit to Gizo, the court had disposed five cases of this type of offending.
12. While we always claim our country and people as Christian and custom people, this current situation of sexual intercourse with under age child or abuse by men of the children does not reflect well on our beloved country - Solomon Islands.
13. This should be a great concern to all of us, the parents, community leaders, village chiefs, tribal chiefs, churches leaders and the Government authorities. We must address this issue before it is too late. We must educate the communities that these attitudes and behaviors is not only an offence but is wrong in our common way of life in the communities and customs.
14. I give credit for the plea of guilty by the accused on the 3 counts of sexual related offences. I also take into account that accused is the first instance and has no previous conviction. It saves the court’s time and expenses of the Government and in particular at this time of Covid 19 time.
15. Upon considering the aggravating factors, mitigations and the behaviour of the victim the starting point for the sentence is five years and for you, defendant James Mananiba, I sentence to imprisonment as follows:
    1. Ct 1 – 4 years imprisonment

Ct 2 - 4 years imprisonment

Ct 3 - 4 years imprisonment

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

THE COURT
Justice Leonard R Maina
Puisne Judge

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^[1] Under section 139 (1) (b) of the Penal Code [cap 26], as amended by the Penal Code (Amendment) (Sexual offences) Act 2016
^[2] [2020] SBHC 87; HCSI-CRC 212 of 2020
^[3] [2020] SBHC 84; HCSI-CRC 211 of 2020,
^[4] [2019] SBHC 75; HCSI-CRC 91 of 2019,
^[5] [2019] SBHC 57; HCSI-CRC 109 of 2018,
^[6] [2018] SBHC 99; HCSI-CRC 113 of 2018
^[7] [2020] SBHC 81; HCSI-CRC 256 of 2019
^[8] [2019] HCSI-CRC 361 of 2018