R v FP [2020] SBHC 77; HCSI-CRC 320 of 2019 (3 August 2020)

HIGH COURT OF SOLOMON ISLANDS

Case name:	R v FP
Citation:
Date of decision:	3 August 2020
Parties:	Regina v FP
Date of hearing:
Court file number(s):	320 of 2019
Jurisdiction:	Criminal
Place of delivery:
Judge(s):	Maina; PJ
On appeal from:
Order:	1. The FP is sentence to two (2) years imprisonment, 2. FP had been in custody on remand for about two years and the time in custody will be taken against his sentence for this offence. 3. FP to be released from custody at the rising of this court 4. And FP to go back to his mother at Ranongga Islands.
Representation:	DPP Olutimayin R for the Prosecution Alasia for Accused
Catchwords:
Words and phrases:
Legislation cited:	Penal Code, S.229, Penal Code (Amendment) Sexual Offence) Act 2019, S.139 (1) (b), Juvenile Offenders Act [cap 14]
Cases cited:

IN THE HIGH COURT OF SOLOMON ISLANDS
CRIMINAL JURISDICTION

Criminal Case No. 320 of 2019

REGINA

V

FP

Circuit: Gizo, Western Province

Date of Sentence: 3 August 2020

Counsel
DPP Olutimayin R for the Prosecution
Alasia for Accused

SENTENCE

Maina PJ:
Reason for the Oral Sentence

You, FP a juvenile had pleaded guilty on charge of unlawful wounding of a child NA, contrary to section 229 of the Penal Code (Ch. 26).

Background

FA was originally charged on one count of charge, the sexual intercourse or indecent assault of contrary to section 139 (1) (b) of the Penal Code (Ch. 26) as amended by Penal Code (Amendment) Sexual Offences) Act 2016.

On arraignment FP pleaded guilty on the charge and the court called for a fact of the case but the DPP was unable to provide it and sought an adjournment to enable her prepare the fact.

On returned to continue the matter, DPP filed a nolle prosequi and substitute or amended information with the charge of unlawful wounding contrary to section 229 of the Penal Code.

A re-arraignment or plea was taken by accused FP on the substitute charge and he pleaded guilty to the charge.

Facts of the case

The fact of the case as presented by the DPP was accepted by you accused as true and correct and as follows:

Sometimes before the incident, the juvenile who is from Koriovuku village in Ranongga Islands was taken by Ms Temarin Tekai and adopted into her family. Before that time the juvenile had been living in Gizo and moving around.

Ms Temarin Tekai and Mr Thomas Manasseh are the parents of Mary Manasseh who is married to Simon Bureia. Mary and Simon have 5 children. The couple and their 5 children live with Mary Manasseh’s parents at Nusabaruku. All the family welcomed the juvenile and treated him like one of their family.

In the afternoon of 13 August 2018, the juvenile took the complainant to a cassava garden to find cassava. The complainant told her grandfather that she was going to the garden with the juvenile.

When they were in the garden, the complainant wanted to urinate, she told the juvenile and took out her underpants and urinated. After she urinated the juvenile held her tight and made her to lay on the ground. He laid on top of her, she felt pain on her thighs and cried, but the juvenile told her “you no cry bae ota lookim mi”. He also told her “Bae mi pokem sore blo you lo knife”. After saying that he took the knife in his hand and cut the tip of the complainant’s vagina.

The complainant said the juvenile did not take out his penis from his trousers and he did not put his penis in her vagina. She said he cut her vagina with a knife.

Blood began to ooze out from the complainant‘s vagina and she was frightened. She told the juvenile, “aria iumi go back”. The complainant put on her under pant but was covered in blood and dripped down her legs. The complainant could not walk properly.

The juvenile led the complainant and they left the garden. Blood continued to flow from the complainant’s vagina as they walked towards their home.

On the way two brothers Marin Nau and Tekawanesai were sitting under their house and saw the juvenile and complainant walking towards them. When the juvenile and the complainant arrived at the house of the brothers, they saw blood coming out from the complainant’s legs from the front of her pant. The juvenile told the brothers that the complainant sustained injury “Kepeia hem karakili”. He told them “stick blong cassava nao pokem lo inside lo front inner thighs blo hem”. He also told them “dat stick cassava na pokem na kani blo Kapeia”. The brothers told the juvenile to take her to the water tank and wash her. He did but the bleeding did not stop.

The brothers saw the juvenile took and squeezed a leaf over the injury in the front of the complainant’s vagina. They told the juvenile to take the complainant home.

One of the brothers followed the juvenile and the complainant. He saw the juvenile stop somewhere on the field, took the same leaf, squeezed it over the complainant’s vagina. Blood continued to flow from the complainant’s vagina down to her legs.

When the juvenile and the complainant arrived at their house, the brother who followed them heard the juvenile telling the people at the house that the complainant fell down and the knife poked her and injured her. But the brother told the people what the juvenile had told him and his brother that the complainant fell over a cassava stick and was injured.

The complainant was still bleeding and was then taken to the hospital.

At the hospital, she was thoroughly examined on the same day under an aesthesia by Dr Naqu who found that:

1. She was cognizant but very lethargic due to profuse bleeding,
2. Extremely pale with cold peripherice and a threading pulse’
3. Active bleeding from her genitalia,
4. There was a tear/laceration from the 6 o’clock position of her vagina extending 27cm inferiorly from which there was bleeding, hymen was perforated,
5. A 2-degree tear on the inferior outer labia minora extending to the anus,
6. 2cm laceration involving muscle submucosal and upper border of anal sphincter,
7. Anal sphincter exposed but intact,
8. There is no hymen-boarders are clear.

There is no record of any treatment given to her.

The Court

The juvenile wounded the complainant by cutting her hymen with the knife he had with him that afternoon. There was no reason for him to cut that part or wound the complainant, hence what he did to her was unlawful.

The accused FP was 15 years (young person) when he committed the offence and now he is about 17 years old.

I noted that any sentence for this juvenile should be under the Juvenile Offenders Act (Cap 14). This juvenile has been remanded in custody since 14^th August 2018. And on 31^st January 2019 the magistrate granted to him a bail with surety. According to the record as submitted by DPP, the juvenile was not able to find a surety to stand for him and he remain in custody until today.

I am satisfied and taking into account the aggravating, mitigating factors and the life of the juvenile FP, he is sentence to two (2) years imprisonment.

Orders of the Court

1. The FP is sentence to two (2) years imprisonment,
2. FP had been in custody on remand for about two years and the time in custody will be taken against his sentence for this offence.
3. FP to be released from custody at the rising of this court
4. And FP to go back to his mother at Ranongga Islands.

THE COURT
Justice Leonard R Maina
Puisne Judge