R v Labana [2020] SBHC 123; HCSI-CRC 182 of 2019 (30 November 2020)

HIGH COURT OF SOLOMON ISLANDS

Case name:	R v Labana
Citation:
Date of decision:	30 November 2020
Parties:	Regina v Denston Labana
Date of hearing:
Court file number(s):	182 of 2019
Jurisdiction:	Criminal
Place of delivery:
Judge(s):	Maina; PJ
On appeal from:
Order:	1. Ct 1 - 4 years imprisonment Ct 2 - 2 years imprisonment 2. Ct 2 of the Sentences is suspended, 3. Defendant to serve only 4 years 4. Any time spent in remand for the charges to be deducted from the sentences.
Representation:	Meioko A for the Crown Gray G and Kama F for the Defence
Catchwords:
Words and phrases:
Legislation cited:	Penal Code (Amendment) (Sexual Offences) Act 2016 Section 136 (F (1) , 138 (1), Criminal Procedure Code Section (2) (b) (1)
Cases cited:	R v Ligiau [1985/85] SILR 215, R v Kaneta [2019] SBHC 52, R v Velomama [2020] SBHC 67,

IN THE HIGH COURT OF SOLOMON ISLANDS
CRIMINAL JURISDICTION

Criminal Case No. 182 of 2019

REGINA

V

DENSTON LABANA

Circuit: Gizo, Western Province
Date of Sentence: 30 November 2020

Meioko A for the Crown
Gray G and Kam F for the Defence

SENTENCE

Maina PJ:

1. The defendant Denston Labana was originally charged on two counts of rape contrary to sections 136F (1) and indecent act without consent contrary to section 138 (1) of Panel Code [cap 26], as amendment by the Penal Code (Amendment) (Sexual Offences) Act 2016.
2. After the counsels for the parties had talked, the Crown withdrew one count of rape under section 190 (2) (b) (1) of the CPC (acquitted).
3. Upon the withdrawal of one count of rape, the defendant then decided and or pleaded guilty on the other count of rape charge and indecent act without consent of complainant Ms. Valory Qilabaa Boseto
4. Upon own plea of guilty, I convicted the defendant on the charges of rape and indecent act without consent.

Agreed Fact of the Case

Parties have hereto agreed to the following facts:

5. The defendant is Mr. Denston Labana of Pangoe Village, East Choiseul Province. He was 36 years old at the time of the offending. The defendant is the complainant’s uncle.
6. The complainant Ms. Valory Qilabaa Boseto was 19 years old at the time of the offending. She had been residing with the defendant and his family in a two story house at Zone Six, Pangoe Village since 2015. She was a form 5 student at Pangoe Community High School.
7. The first incident was on an unknown date between 1^st September 2018 and 30^th September 2018 at around 9:00 pm, the complainant before going to sleep went behind their house beside a water tank to urinate. After urinating she stood up and pulled up her underpants. However she was shocked to see the defendant appeared there and said to her, “u go where ia”. He moved towards the complainant and with his right hand middle figure pushed it beside the complainant’s underpants and into her vagina. He kept his figure in the complainant’s vagina and removed it. The complainant felt very bad and ashamed of what her uncle had done to her. She did not tell anyone about what her uncle had done to her that night.
8. The second incident on an unknown date between 1^st September 2018 and 30^th September 2018, the complainant had just returned to the defendant’s house after spending the weekend with her parents at Kamaqa Village. In the evening around 7:00pm, the complainant went into the downstairs of the defendant’s house to get her shirt. The defendant saw the complainant and he followed her into the house. He walked to the complainant behind and grabbed her vagina on top of the shirt she was wearing at that time. He said to the complainant, “nogud mi fuckem you” and then the defendant left the complainant and went away.
9. The complainant was unhappy about what the defendant had done to her. She trusted him so much but with the defendant’s behaviors and attitudes to her, she cried and told the stories to her sister, Qilavisu Julia and later to Rose Bevaini. She ran away from the defendant’s house and went to live with her Aunty Vira.

The maximum penalty

10. The maximum penalty for the rape is liable to life imprisonment and indecent act without consent is liable to 10 years. And as noted in the sentences delivered earlier in this Gizo circuit, the laws are enacted to protect the children from being abused by males.
11. The aggravating feature is the defendant had abused his position of trust as our way of living or societies, the uncles should look after for their nieces but instead for you, the uncle had abused or wanted to climb or have sex with his niece.
12. The sentence for each case defends on its own facts and circumstances and for this case, the starting point in the sentence for the rape charge is five years and indecent act without consent charge is two years. For the comparative sentence, I concede and concur with the range of the sentences in the cases^[1] referred to by both counsels.
13. Upon considering the aggravating factors, mitigations and the attitude or conduct of the defendant Denston Labana, I sentence him to imprisonment as follows:
    1. Ct 1 – 4 years imprisonment

Ct 2 -2 years imprisonment

2. Ct 2 of the Sentences is suspended,
3. Defendant to serve only 4 years
4. Any time spent in remand for the charges to be deducted from the sentences.
5. No further orders.

The Court
Hon. Justice Leonard R Maina
Puisne Judge

---

^[1] R v Lingiau [1985/85] SILR 215, R v Roger Kanta [2019] SBHC 52, HCSI CRC 112 of 2018 and R v Verol Velomana [2020] SBHC 67, HCSI CRC 321 of 2019