R v Letade [2020] SBHC 36; HCSI-CRC 153 of 2019 (19 June 2020)

HIGH COURT OF SOLOMON ISLANDS

Case name:	R v Letade
Citation:
Date of decision:	19 June 2020
Parties:	Regina v Andrew Letade
Date of hearing:	11 June 2020
Court file number(s):
Jurisdiction:	Criminal
Place of delivery:
Judge(s):	Bird J
On appeal from:
Order:	Since you have already spent a period of 1 year and 10 months in pre-trial custody, you have already served the imprisonment term in full. I direct that the defendant be released at the rising of the court
Representation:	Ms. Patricia Tabepuda for the Prosecutor Mr. Allan Tinoni for the Accused
Catchwords:
Words and phrases:
Legislation cited:	Penal Code (Amendment) (Sexual Offences) Act 2016, [Cap 26] s 139 (2)
Cases cited:	Regina v Pana [2013] SBHC 88, R v Kaneta [2019] SBHC 51, R v Puisasa [2019] SBMC 21

IN THE HIGH COURT OF SOLOMON ISLANDS
CRIMINAL JURISDICTION

Criminal Case No. 153 of 2019

REGINA

V

ANDREW LETADE
Accused

Date of Hearing: 11 June 2020
Date of Decision: 19 June 2020

Ms. Patricia Tabepuda for the Prosecutor
Mr. Allan Tinoni for the Accused

SENTENCE

Bird PJ:

1. The defendant is charged with the offence of indecent assault on a child under 15 years old contrary to Section 139 (2) of the Penal Code, cap 26, as amended by the Penal Code (Amendment) Sexual Offences) Act 2016.
2. The defendant had initially pleaded not guilty to the offence. Upon instructions from a possible change of plea, the defendant was re-arraigned on the 15^th May 2020 and he entered a guilty plea in respect of the charge. Sentencing submission was made in court on the 11^th June 2020.
3. The facts of the case are that you are from Venga Village, Santa Cruz. You were 27 years old at the time of offending. The victim, a 14 year old girl is from Vovota Village, North Guadalcanal. In the afternoon of the 30^th July 2018, the victim was returning home from school through block 36 oil palm plantation when she met you. You called out to her but she did not respond. You followed her and hit her on her back. She fell down to the ground and whilst she was on the ground, you rubbed your penis on her lips.

Whilst you were attempting to remove the victim’s uniform, she took a pen and poked your face with it causing a minor injury to your eyebrow. You released the victim and she hastily walked back home.

4. The court has noted from the prosecution that there are aggravating features in your offending. First of all, you are an adult of 27 years. The victim was just 14 years old, and your age difference is 13 years. The victim is below the consenting age.
5. From the agreed facts, it was obvious that you have assaulted the victim and as a result she fell on the ground. If it had not been for the use of a pen against you, you could have committed a more serious sexual assault on the victim. You were in fact trying to undress the victim when she poked your face with a pen in which you have sustained minor injury. The victim was very fortunate. The court had however noted, that you did not pursue the assault after you were poked with the pen.
6. On your behalf, your lawyer had submitted that you have pleaded guilty to the offence. That early guilty plea shows remorse on your part. It also saves the courts time and resources from conducting a trial into the matter. The guilty plea had also shown that you have owned up to your offending.
7. You have no previous conviction and this is the first time, you were charged with a criminal offence.
8. You were remanded in custody on the 2^nd August 2018 and you have remained in custody since then. You were committed by the Magistrate Court to this court on the 9^th October 2018. The information against you was filed by the Director of Public Prosecution on the 4^th September 2019, about a year after your committal. You first appeared before this court on the 30^th January 2020, about one year and three months after your committal hearing.
9. The maximum sentence for an offence under section 139 (2) of the Penal Code, cap 26 (Amendment) Sexual Offences) Act 2016 is 5 years imprisonment.
10. 1The offence for which you are charged is becoming very prevalent in our country. A clear message must therefore be sent out to the community at large that committing of sexual assaults on females and especially females below consenting age is a very serious issue.
11. You are reminded that both males and females in this country have the very same rights under our constitution. Males and females alike have the right to live and to co-exist together in a safe, peaceful and stable environment. Everyone should be able to move around in freedom without any fear.
12. You have taken advantage of the fact that the victim was a lone female, a child returning home from school. You are a mature person. A person that could be looked up to, for guidance and protection by a child.
13. Having said what I ought to say in this case, you are hereby reminded that this type of offending must stop. The court had noted your personal circumstances and say that if you want to be successful in life, you must refrain from conducting yourself in ways that infringes into the lives and freedom of other individuals. You must try and live in peaceful co-existence with all, males and females alike.
14. I am grateful and have taken cognisance of the case authorities referred to by the prosecution and your lawyer. I have noted that this type of offending attracts some form of imprisonment. That would bring home that the court does not condone and will not tolerate such behaviour from the male population.
15. The case authorities had put the sentencing tariff in like offences at 2 years imprisonment. See cases of R v Pana HCSI- CRC 402/08, R v Roger Kaneta [2019] SBHC 5 and R v Puisasa [2019] SBMC 21.
16. In the case of Pana, the victim was 3 years seven month old child. The aggravating features in that case involves a breach of trust, the offender being the victim’s uncle. The child also contracted gonorrhoea from the sexual assault. He was sentenced to 2 years imprisonment for sexual assault.
17. I have had the opportunity to read the case authorities and the particular circumstances in each of the offending and have noted them and what was said by the court in such instances.
18. Having noted the above discussion, and for the offence of indecent act on a child under 15 years old, I sentence you to 22 months imprisonment. The time spend is pre-trial custody is deducted from the total sentence.
19. Since you have already spent a period of 1 year and 10 months in pre-trial custody, you have already served the imprisonment term in full. I direct that the defendant be released at the rising of the court.

By the Court

THE COURT
Justice Maelyn Bird
Puisne Judge