R v Sticker [2020] SBHC 78; HCSI-CRC 694 of 2019 (7 August 2020)

HIGH COURT OF SOLOMON ISLANDS

Case name:	R v Sticker
Citation:
Date of decision:	7 August 2020
Parties:	Regina v Scoland Sticker
Date of hearing:
Court file number(s):	694 of 2019
Jurisdiction:	Criminal
Place of delivery:
Judge(s):	Maina; PJ
On appeal from:
Order:	The accused is sentence to two (2) years imprisonment One (1) year of the imprisonment is suspended on good behavior for 2 years to commence upon the release from imprisonment, Accused to serve only one(1) year imprisonment And the period in custody to be deducted from the sentence
Representation:	Kelesi for the Prosecution Manebosa SR for the Accused
Catchwords:
Words and phrases:
Legislation cited:	Penal Code( Amended) Sexual Offences) Act 2016, s 139 (1) (b) [Ch 26]
Cases cited:

IN THE HIGH COURT OF SOLOMON ISLANDS
CRIMINAL JURISDICTION

Criminal Case No. 694 of 2019

REGINA

V

SCOLAND STICKER

Circuit: Gizo, Western Province

Date of Sentence: 7 August 2020

Counsel
Kelesi for the Prosecution
Manebosa SR for the Accused

SENTENCE

Maina PJ:

You, Scoland Sticker had pleaded guilty on charge of sexual intercourse or indecent assault contrary to section 139 (1) (b) of the Penal Code (Ch. 26) as amended by Penal Code (Amendment) Sexual Offences) Act 2016.

Summary of Agreed Facts

The accused was 22 years old and the victim was 14 years old at the time of the offence. They were boy/girlfriends and their relationship started back in November of 2018.

On 6^th October 2019, the complainant, her younger sister and two other kids went to attend Sunday service at Hovukoilo village. On the way, the complainant met the defendant at the door of his sister’s house situated beside the road. The defendant talked with the complainant for a while then the complainant walked away to another road instead of going to the church. The defendant then went behind the complainant and they met at Kadekena bush area and there the defendant asked the complainant to have sexual intercourse with her.

The complainant took off her pant and skirt whilst the defendant lowered his trousers and pants half way to the knees and pushed his erected penis into her vagina. The complainant and defendant then had sexual intercourse.

The complainant and defendant separated after they had sex.

The Court

Sexual intercourse or indecent assault of a girl under the age of 15 years old is rather serious and the law is clear that any person convicted for the offence shall be liable to 15 years imprisonment. As usual the maximum or upper category of sentence is reserved for the ultimate in criminality or worst kind of the cases of this nature.

It is noted from the facts the accused and complainant had relationship and she participated in the arrangement, that instead of going to church she decided to go with the accused.

In this sentence I take into account the girl was 14 years as an aggravating factor and the mitigation. I take into account and or give credit to the defendant for being the first offender and guilty plea at the first opportunity.

I noted the prevalent of the sexual offences coming to court in Solomon Islands and it is a concern that when we claim to be Christian country there seems to a lot of abuses of girls in Solomon Islands.

For you, a young boy and I sentence you to two (2) years imprisonment.

ORDERS

1. The accused is sentence to two (2) years imprisonment,
2. One (1) year of the imprisonment is suspended on good behavior for 2 years to commence upon the release from the imprisonment,
3. Accused to serve only one (1) year imprisonment,
4. And the period in custody to be deducted from the sentence.

THE COURT
Justice Leonard R Maina
Puisne Judge