R v Noah [2020] SBHC 46; HCSI-CRC 292 of 2017 (22 July 2020)

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Case name:	R v Collin Noah

Citation:

Date of decision:	22 July 2020

Parties:	Regina v Collin Noah

Date of hearing:

Court file number(s):	292 of 2017

Jurisdiction:	Criminal

Place of delivery:

Judge(s):	Maina J

On appeal from:

Order:	1. Counts 1 and 2 to be served consecutively – total of 4 years 2. Counts 3 and 4 is suspended on good behaviour for 2 years and to commence after serving the term of the imprisonment, 3. The sentence to commence on the date when the Defendant was placed or put in the custody.

Representation:	Rachel Olutimayin for Crown Alasia B for Defence

Catchwords:

Words and phrases:

Legislation cited:	Penal Code, s136 [cap 26], s231 (1), Penal Code (Amendment) (Sexual Offence) Act 2016, 136 F (1), 139

Cases cited:	Regina v Jimmy 303 of 2019, Regina v Pana [2013] SBCA 19, Regina v Osir [2018] SBHC 37,

You, COLLIN NOAH had pleaded guilty and convicted on two counts of rape contrary to section 136 of the Penal Code (Cap 26) and one count of rape contrary to section 136 F (1) of the Penal Code (Amendment (Sexual Offences), Act 2016 and one count of intimidation contrary to section 231 (1) of the Penal Code.

The penalty under section 136 of the Penal Code is liable to life imprisonment and so for the offence under section 136 F (1) of the Penal Code (Amendment (Sexual Offences), Act 2016. And for the intimidation under section 231 (1) of the Penal Code, the penalty is three years imprisonment.

The complainant and defendant are relatives as niece and uncle, being blood siblings. The incidents occurred when the defendant was living at Otambe Village Reef Islands and the complainant was living with her grandparents at Ngamade Settlement, via Otambe Village.

You had sexual intercourse with your niece Ms Jocelyn Liame without her consent on the unknown between the dates 1^st - 31^st May 2016.

This offence took place at the seaside of Manuopo Station when the complainant went to have her bath at the well. The defendant approached her, he had a big bush knife in his hands and asked her to have sexual intercourse with him, but then she refused. He grabbed her hands and pulled her to the seaside. He undressed her, undressed himself, laid her on the ground, pushed his penis inside her vagina and had sex with her without her consent.

It was also on a date in May 2016, and early in the morning when you removed the sago palm leave at her grandmother’s house to create a hole in the wall. You pushed a stick through the hole and poked the complainant and called her name. She woke up and you told her that you have a medicine for her. She believed and came out to take the medicine.

When the complainant came outside, you grabbed her hands and with a bush knife, led her up the road. Complainant cried and was afraid of the bush knife and the darkness around them and cried. You placed your black jumper on the ground, laid the complainant on it, pulled off her clothes, took off your own clothes and pushed your penis in her vagina and had sex without her consent. After defendant had sex with the complainant, she went back to her grandmother’s house.

On another unknown date in June 2016, the complainant went to Nyimoa Village to sleep there, as she was afraid of the Defendant who was looking for her everywhere. Early in the morning of the next day, she went to one Everlyn’s house at Otambe Village and the Defendant caught up with her at Everlyn’s house. He took her to the bush (Nagmatoplaka). Defendant was holding bow and arrows. He laid his jumper on the ground, took off the complainant’s clothes and his own clothes and told her to lie down on his jumper. Defendant knelt down where she laid, parted her legs and put his penis inside her vagina, he had sex without her consent.

On an unknown date in the month of May 2016 between 7am and 8am approached the complainant at their Ngamade settlement where she was weaving mat and told her to follow him to the bush. The complainant stood up from her weaving and ran away towards the mangrove. Defendant was angry that she refused to go with him to the bush. He then ran after her with bow and arrow in his hands. Complainant ran faster than the Defendant and he was not able to catch up with her and he shot her with the bow and arrows.

After the 3^rd occasion, in June 2016 the complainant become so afraid of the Defendant and ran away to a relative’s house. And on 15^th June 2016, the relative took a boat to Lata Police Station and reported the matter to the Lata Police.

The complainant Ms Jocelyn Liame at the time of the incidents was 18 years and a student and you are now about 46 years.

The method in the sentencing starts with determining the starting point and, that is by applying the common principle of sentencing and that sentence should be based on the particular circumstances of the offending the offence by the Defendant and subsequently taking into account the aggravating features and mitigating factors for the appropriate sentence for the Defendant on all the charges against him.

The rape is a serious offence with maximum penalty of Life imprisonment and the maximum usually for the most serious ones. With this case, the facts displayed the circumstances of the offending and that the Defendant used or armed with weapons such as knife and bow and arrows when he committed the offences. Cases on the starting point for this type of offence had been noted in the case of Regina v Jimmy^[1] and along with Pana v Regina^[2] and Regina v Osiri^[3] with guilty plea on charge under section 139 (1) of the Penal Code as amended by the Penal Code (Amendment) (Sexual Offences) Act 2016 for this Defendant, it is 5 years.

Defendant’s used or armed with weapons such as knife and bow and arrows as aggravating factors when he committed the offences. I noted the aggravating factors in this sentence. And I give credit for the guilty plea and no previous conviction and the Defendant is sentenced as follows:

^[1] HC Criminal Case No. 303 of 2019, dated 29^th June 2020
^[2] [2013]SBCA 19
^[3] [2018] SBHC 37

High Court of Solomon Islands

R v Noah [2020] SBHC 46; HCSI-CRC 292 of 2017 (22 July 2020)