R v Ramo [2021] SBHC 101; HCSI-CRC 437 of 2020 (8 September 2021)

HIGH COURT OF SOLOMON ISLANDS

Case name:	R v Ramo
Citation:
Date of decision:	8 September 2021
Parties:	Regina v Charles Fox Ramo
Date of hearing:
Court file number(s):	437 of 2020
Jurisdiction:	Criminal
Place of delivery:
Judge(s):	Maina; PJ
On appeal from:
Order:	1. The accused is sentence to 4 years imprisonment, 2. The time spent in custody to be deducted from this sentence, 3. No further order
Representation:	Kelesi A E for Crown Brook R for Defense
Catchwords:
Words and phrases:
Legislation cited:	Penal Code (Amendment) (Sexual Offense) Act 2016 S 139 (1) (b)
Cases cited:	R v Ligiau and Dori [1985-1986] SILR 214, R v Phoboro [2013]m SBHC 8

IN THE HIGH COURT OF SOLOMON ISLANDS
CRIMINAL JURISDICTION

Criminal Case No. 437 of 2020

REGINA

V

CHARLES FOX RAMO

Circuit: Kira Kira, Makira Province

Date of Sentence: 8 September 2021

Counsel
Kelesi A E for Crown
Brook R for Defense

SENTENCE

You, accused Charles Fox Ramo pleaded guilty on one count of sexual intercourse with a girl under 15 years contrary to section 139 (1) (b) of the Penal Code as amended by the Penal Code (Amendment) (Sexual Offences) Act 2016. And upon on your own plea, the court had convicted you on the charge.

1. Summary of agreed Facts

The defendant Charles Fox Ramo is Maepua village, West Bauro, Makira Province and was 30 years old at the time of offending. And the complainant is Revina Temasi and was 13 years old when the defendant had unlawful sexual intercourse with her and from Maepua village, West Bauro, Makira Province.

The complainant was a student- attending grade 5 at Maepua primary school when the incident occurred.

In the early hours of the 13^th April 2018, the defendant was drunk and entered the complainant’s room uninvited. The complainant at the time was fast asleep but woke up when the defendant touched her body.

She was startled and wanted to scream but the defendant put his hand over mouth and told her not to scream. He then pull up her skirt, widened her two legs and pushed his erected penis into her vagina and had sexual intercourse with her.

The complainant experienced pain during the sexual encounter but could only cry quietly. Not long, the complainant felt her thigh and her stomach area wet of the defendant’s sperm.

The defendant then lay down beside her and slept for the rest of the night.

The complainant’s father later then open the door and saw the defendant sleeping next to her. He woke the complainant up and took her to sleep with her mother in the other room leaving the defendant alone.

Later in the morning, the matter reported to the Police when defendant was arrested and remanded till this date.

The defendant has been in remand for about 3 years and 5 months to this date.

2. The Law

The law in section 139 (1) (b) of the Penal Code as amended by the Penal Code (Amendment) (Sexual Offences) Act 2016 provide that a person commits an offence or sexual intercourse with a child and if the child is between 13 and 15 years of age shall be liable to 15 years imprisonment or the maximum penalty - 15 years imprisonment.

3. Aggravating features

You were 30 years old and the victim was 13 years old at the times of the offence. The age difference was 17 years and that makes your sexual intercourse with a girl under 15 years a serious offence.

4. Mitigating factors

I give you credit for guilty plea on the charge at the first instance or the first available opportunity and for being the first offender. They will be taken into account in this sentence

5. Sentence

I noted the case laws statements^[1] made by the judges and quoted by the Crown’s counsel when they stated the matter of mitigation personnel to the offender to have less effect on the sentence than with other serious offences.

I also noted the submission and case laws referred to by the defence counsel and in particular on the starting point with the sentence. These statements are important and essential to the court but as we are all familiar with that each case defend on its own circumstances. For this case against the accused the starting point for sentence is 5 years.

The sexual offence has become common now in our communities and it is all over as noted from cases coming before the court. At this High Court to this Province, the majority of case are sexual offence cases with underage girls and abuse cases. I imagine if we were as olden it would war among the people even deaths. Very sad too that we call ourselves or Solomon Islands a Christian country but the question that we may ask, is these are the behaviours or attitudes of Christian people? I think it not so or far back in life.

Upon considering the facts and the circumstances of this case and taking into account aggravating features and mitigating factor the accused is sentence to 4 years imprisonment.

Orders of the Court

1. The accused is sentence to 4 years imprisonment,
2. The time spent in custody to be deducted from this sentence,
3. No further order

THE COURT
Hon. Justice Leonard R Maina
Puisne Judge

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^[1] R v Ligiau & Dori [1985 – 1986] SILR 214 and Regina v Phoboro [2013] SBHC 8,