R v Nawo [2021] SBHC 157; HCSI-CRC 376 of 2021 (15 October 2021)

HIGH COURT OF SOLOMON ISLANDS

Case name:	R v Nawo
Citation:
Date of decision:	15 October 2021
Parties:	Regina v Japhet Nawo
Date of hearing:
Court file number(s):	376 of 2021
Jurisdiction:	Criminal
Place of delivery:
Judge(s):	Maina; PJ
On appeal from:
Order:	1. Accused Japhet Nawo is sentence to 4 years’ imprisonment, 2. No furthers
Representation:	Ratu Oliver for the Crown Fagani Michael for the defence
Catchwords:
Words and phrases:
Legislation cited:	Penal Code (Amendment) (Sexual Offences) Act 2016 s 136F (1) (a) and (b)
Cases cited:

IN THE HIGH COURT OF SOLOMON ISLANDS
CRIMINAL JURISDICTION

Criminal Case No. 376 of 2021

REGINA

V

JAPHET NAWO

Circuit: Lata, Temotu Province

Date of Sentence: 15 October 2021

Ratu Oliver for the Crown
Fagani Michael for the Defence

SENTENCE

I orally delivered the sentence for the accused Japhet Nawo and indicated to the give my reason after returning to Honiara and I now do so.

The accused Japhet Nawo was found guilty after a trail on one (1) count of rape contrary to sections 136F (1) (a) and (b) of the Penal Code (Amendment) (Sexual Offences) Act 2016.

Brief Facts

Accused Japhet Nawo went to the complainant house and told her to go to the garden to him and would give her money. He is a wild man and if she refused or did go, he would kill her.

The complainant was afraid or fear at the threat of wild man and so went to the garden to the accused. When the complainant arrived at the garden the accused held her hands and forced her to have sexual intercourse with him.

Accused struggled with the complainant, pulled her down to the ground, pulled down her clothes and had sexual intercourse with her.

The Law

Under sections 136F (1) (a) and (b) of the Penal Code (Amendment) (Sexual Offences) Act 2016.any person who is found guilty and convicted for rape shall be liable to life imprisonment.

Mitigation

The defence counsel did not raise any matter for the court to take into account in the consideration for mitigation.

As usual to the court I take into account the accused is the first offender but I give less weight in the sentence of this case.

Aggravating features

The accused was 35 years old at the time of the offence and the complainant was 24 years old, a disparity of 11 years.

Notably this offence was pre-mediated as the defendant told her to meet him at the garden and he threaten to kill her if she refuses.

I have said in the many cases of this nature that came before me about the prevalence of sexual offences or being imminent in our communities and it should be a concern to us. Besides being a shameful and disgraceful act on part of those who committed the offence of this nature, it has also cause or create disharmony of the peace in the communities and in particular with claim for compensations

The Sentence

Taking into account the facts, mitigation and aggravating features and prevalence of this type of offence in our communities, the accused Japhet Nawo is sentence to 4 years’ imprisonment.

The Orders

1. Accused Japhet Nawo is sentence to 4 years’ imprisonment,
2. No furthers

THE COURT
Hon Leonard R Maina
Puisne Judge