R v Leve [2020] SBHC 43; HCSI-CRC 549 of 2019 (29 June 2020)

HIGH COURT OF SOLOMON ISLANDS

Case name:	R v Leve
Citation:
Date of decision:	29 June 2020
Parties:	Regina v Reggie Leve
Date of hearing:
Court file number(s):	549 of 2019
Jurisdiction:	Criminal
Place of delivery:
Judge(s):	Maina J
On appeal from:
Order:	1 Accused is sentenced to 2 years imprisonment; 2. One year is suspended on good behaviour for period of two years; 3. The sentence commenced from the date when you were taken into custody in respect to this matter; 4. Period of 11 months already in custody is sufficient for the remaining one year and accused is to be released at the rise of the court; 5. Right to Appeal.
Representation:	Kelesi/Meioko for Crown Tinoni A for Defence
Catchwords:
Words and phrases:
Legislation cited:	Penal Code (Amendment) (Sexual Offence) Act 2019, s139 (1) , Juvenile Offenders Act, 16
Cases cited:

IN THE HIGH COURT OF SOLOMON ISLANDS
CRIMINAL JURISDICTION

Criminal Case No. 549 of 2019

REGINA

V

REGGIE LEVE

Date of Sentence: 29 June 2020

Counsels
Kelesi/Meioko for Crown
Tinoni A for Defence

SENTENCE

Maina PJ:

You had pleaded guilty and convicted on one count of sexual intercourse with a girl under 15 years contrary to section 139 (1) of the Penal Code as amended by the Penal Code (Amendment) (Sexual Offences) Act 2016.

Briefly the facts is that you a juvenile with the age of 16 years old, and complainant Happiness Pato was 6 years and both of you are from Paradise Village, North New Georgia, Western Province.

On 18^th of July 2019 at Paradise Village North New Georgia, Western Province, the complainant was playing with the children at the school’s Rest House. After playing with the children, they all left and the complainant was left alone. Whilst she was alone, you appeared and told the complainant to go in the room at the minister’s house. You took her in a room and told her to lay down and you pulled up her skirt. You separated the complainant’s legs and you then removed her trousers.

The girl saw your penis and you pushed your penis into her vagina. She felt you moving up and down twice. The complainant felt that you did not fully insert or pushed your penis into her vagina.

After that you had pushed your penis in and out of her vagina, she saw that you took out your penis and ejaculated on the floor. Complainant got up and went to her house.

The aggravating features of the offending are, the offence is serious with maximum penalty of life imprisonment and the girl was 6 years old.

For the mitigating factors with or personal and family background, the accused is juvenile and 16 years old, his family separated from them, living with the mother and left school in form 3 since no money. When accused was arrested he was drying copra to sell and meet the school fee as he intends to enroll at Tabaka Vocational Centre for carpentry and mechanic.

I noted the rape cases in this jurisdiction and referred to by the Crown however, these cases involved adults and charges under the old Penal Code provision and would not assist much or relevant for deciding the starting point of sentence in this case. The same can be said to the cases referred to by the defence would not assist much to this case.

Accused is a juvenile and the Juvenile Offenders Act in section 16 provides for the manners or methods of sentencing of juvenile persons and that should be applicable to this case. From the fact and circumstances in the offending of the offence it is my view that the starting point in the case is 3 years.

The accused is a first time offender and is remanded in custody since 27^th July 2019.

I gave credit for his guilty plea, co-operation with the Police investigation and no previous conviction. And I take into account the aggravating and mitigating factors in this sentence. With that accused is sentenced to 2 years imprisonment.

Orders

1. Accused is sentenced to 2 years imprisonment;
2. One year is suspended on good behaviour for period of two years;
3. The sentence commenced from the date when you were taken into custody in respect to this matter;
4. Period of 11 months already in custody is sufficient for the remaining one year and accused is to be released at the rise of the court;
5. Right to Appeal.

THE COURT
Justice Leonard R Maina
Puisne Judge