R v Velomama [2020] SBHC 67; HCSI-CRC 321 of 2019 (29 June 2020)

HIGH COURT OF SOLOMON ISLANDS

Case name:	R v Velomama
Citation:
Date of decision:	29 June 2020
Parties:	Regina v Verol Velomama
Date of hearing:
Court file number(s):	321 of 2019
Jurisdiction:	Criminal
Place of delivery:
Judge(s):	Maina J
On appeal from:
Order:	1. Count one sentence to two (2) years imprisonment 2. Count two sentence two (2) years imprisonment 3. Count two sentence is suspended on good behaviour for a period of two years and to commence after serving the imprisonment for count one. 4. Right to Appeal.
Representation:	Kelesi/Meioko for Crown Tinoni A for Defence
Catchwords:
Words and phrases:
Legislation cited:	Penal Code (Amendment) (Sexual Offences) Act 2016, s138 (1)
Cases cited:

IN THE HIGH COURT OF SOLOMON ISLANDS
CRIMINAL JURISDICTION

Criminal Case No. 321 of 2019

REGINA

V

VEROL VELOMAMA

Date of Sentence: 29 June 2020

Counsels
Kelesi/Meioko for Crown
Tinoni A for Defence

SENTENCE

Maina PJ:

You, VEROL VELOMAMA pleaded guilty and convicted on two counts of indecent act without consent under section 138 (1) of the Penal Code as amended by the Penal Code (Amendment) (Sexual Offences) Act 2016.

For this offence the law provides that a person commits an offence if the person commits an indecent act on or in the presence of another person without the other person’s consent and knowing about or being reckless as to the lack of consent.

The offence is punishable, if the victim is a child and the offender is a person in a position of trust in relation to the child the maximum penalty is 10 years imprisonment and or in any other case the maximum penalty is 5 years imprisonment. As usual the maximum penalty is for the worse case.

Facts

The accused was 52 years old and the complainant was 15 years and both are from Subesube Village in Choiseul Province. The accused is step-grandfather of the complainant.

Sometime between 1^st June – 30^th June 2018 at Subesube Village, North West Choiseul, the complainant was living at her grandmother’s house. At the time complainant had a sore leg and her grandmother and the accused (step-grandfather) were pressing it and to make it feel better. The complainant felt asleep and later woke up at one night to find the accused with his hands holding and rubbing on top of her vagina. She woke up and saw the accused sat beside her and rubbed her leg.

Again between the 1^st – 31^st September 2018, the complainant fell asleep or slept and woke up when the accused touched her breasts. She woke up and saw the accused ran back to his bed.

The aggravating feature notably is breach of trust by the accused and the disparity of age with 37 years. With the mitigation they are early guilty plea or at the first instance, first time offender and is being a law abiding citizen for about 51 years but interesting at his age now as from the facts he is unease with step-daughter.

From the facts and circumstances of the case it is my view that starting point is 3 years imprisonment.

This is shameful on part of the accused when the step-daughter expects the step-grandfather to look after or care for her and grandmother who is the accused’s wife, instead the step-grandfather wanted to have sex with step-daughter, a situation commonly joked in Solomon Islands as ‘wan de climbem small girl”.

I taking into account the aggravating features and mitigating factors in this view the appropriate sentence of 2 years for one count and accordingly the accused is sentenced to 2 years for the first count and second count for 2 years, a total of 4 years imprisonment.

Orders

1. Count one sentence to two (2) years imprisonment
2. Count two sentence two (2) years imprisonment
3. Count two sentence is suspended on good behaviour for a period of two years and to commence after serving the imprisonment for count one.
4. Right to Appeal.

THE COURT
Justice Leonard R Maina
Puisne Judge