R v Loboiano [2020] SBHC 69; HCSI-CRC 349 of 2018 (13 August 2020)

HIGH COURT OF SOLOMON ISLANDS

Case name:	R v Loboiano
Citation:
Date of decision:	13 August 2020
Parties:	Regina v Timothy Loboiano
Date of hearing:
Court file number(s):	349 of 2018
Jurisdiction:	Criminal
Place of delivery:
Judge(s):	Mwanesalua DCJ
On appeal from:
Order:	Count 1: Indecent Assault -Two years Imprisonment Count 3: Indecent Assault -Two years imprisonment Count 2: Rape -Three years imprisonment
Representation:	Olivia Ratu for the Prosecution Lazarus Waroka for the Defendant
Catchwords:
Words and phrases:
Legislation cited:	Penal Code, s141 (i), s136
Cases cited:

IN THE HIGH COURT OF SOLOMON ISLANDS
CRIMINAL JURISDICTION

Criminal Case No. 349 of 2018

REGINA

V

TIMOTHY LOBOIANO

Date of Sentence: 13 August 2020

Olivia Ratu for the Prosecution
Lazarus Waroka for the Defendant

SENTENCE

The Defendant has pleaded guilty to two counts of Indecent under Section 141 (i) of the Penal Code and one count of Rape, contrary to section 136 of the Penal Code.

The two counts of indecent assault were committed on an unknown date in December 2015 and on an unknown date in January 2016.

The rape charge was committed on an unknown date in December 2015.

The Defendant has no previous convictions. He committed indecent assaults on unknown date in December 2015 and 3^rd January 2016. He committed the rape charge on unknown date on December 2015.

He has no previous conviction record before this court. He is given credit for pleading guilty to his offences.

He is therefore sentenced as follows:

Count 1: Indecent Assault -Two years Imprisonment
Count 3: Indecent Assault -Two years imprisonment
Count 2: Rape -Three years imprisonment

The sentences for the indecent charges are to be served concurrently.

Order accordingly.

THE COURT
Hon. Justice Francis Mwanesalua
Deputy Chief Justice