R v Baa'i [2021] SBHC 165; HCSI-CRC 631 of 2020 (12 November 2021)

HIGH COURT OF SOLOMON ISLANDS

Case name:	R v Baa’i
Citation:
Date of decision:	12 November 2021
Parties:	Regina v Wilfred Baa’i
Date of hearing:
Court file number(s):	631 of 2020
Jurisdiction:	Criminal
Place of delivery:
Judge(s):	Maina; PJ
On appeal from:
Order:	1. The accused is sentence to 2 years’ imprisonment 2. The sentence is suspended for two years on good behaviour
Representation:	Kelesi A for the Crown Holara M for the Defendants
Catchwords:
Words and phrases:
Legislation cited:	Penal Code (Amendment) (Sexual Offences) Act S 139 (1) (a)
Cases cited:

IN THE HIGH COURT OF SOLOMON ISLANDS
CRIMINAL JURISDICTION

Criminal Case No. 631 of 2020

REGINA

V

WILFRED BAA’I

Date of Sentence: 12 November 2021

Kelesi A for the Crown
Holara M for the Defendant

SENTENCE

Maina PJ:

You, Wilfred Baa’i (Defendant) had pleaded guilty and convicted on a charge of Sexual Intercourse with a child under 15 years contrary to section 139 (1) (a) of the Penal Code (Amendment) (Sexual Offences) Act 2016.

The victim Ms Joyline Taua was 12 years old at the time of the offending.

Agreed Facts

On Thursday 2^nd April 2020, at about 12 noon, the complainant left their residence at Kwene Village to Malu’u Area at the defendant’s area.

When the complainant Ms Joyline Taua who was 12 years old at the time of the offence arrived at the defendant’s house. The door was open and so she went inside the house.

The defendant was inside the house at the time and the complainant asked him for $20 and later another $5-00 from the defendant. The complainant did not leave the defendant’s house after she received the money from him. When she was there, the defendant felt or sexually aroused and told the complainant to go to his bed at the house. He told the complainant to remove her clothes and lay down which she did.

When she laid down, the defendant moved to her and torched her hairs, clitoris and pushed his inside her vagina. After the defendant did these to her, the complainant left or went out from the defendant’s house.

Complainant went and told his uncle Bradley of what the defendant had done to her and later her uncle reported the matter to the police.

After the incident, the defendant gave compensation of $400-00 and a nine (9) feet shell money worth of $1,300-00 to the complainant’s family as a custom settlement.

The Penalty

The maximum penalty as provided by the law in section 139 (1) (a) of the Penal Code (Amendment) (Sexual Offences) Act 2016 is life imprisonment.

Aggravating Features

Disparity of age as the accused was 70 years old and the victim was 12 years, a difference of 58 years. The victim was a child of tendered age.

Antecedent and Mitigating Factors

The accused was 70 years old at the time offending.

He has no previous conviction, pleaded guilty to the charge, cooperated with the Police at the time of investigation and had paid compensation to the victim’s family.

The Sentence

The defendant was a very old man and the complainant was a child in the tendered age at the time of offence and they lived in the same area at North Malaita, Malaita Province.

Defence counsel submitted that the fact his client had pleaded guilty early shows his remorse. This serves the court’s time and resources of conducting a trail in the case. He is very old of about 70 years and his wife of similar age who relies on him for food from the small garden he makes and for other necessities in life.

The sexual offence cases are now the prevalent before the courts which shows that they are now common in our communities. Both counsels commented on this concern and agreed there are many sexual offences coming before the court these days and expressed their concern of the prevalent of the offence in our communities.

Crown Counsel Kelesi commented that this is a great concern for our communities and the government must try to re-look, review and or appraise our laws to find the ways to remedy this prevalence of sexual offences in our communities. He said the increasing of the penalties for sexual offences as done with the Penal Code (Amendment) (Sexual Offences) Act 2016 in the penalties. He said for the court to impose deterrent sentences cannot be alone the remedy or answer to the concern as so far it is done but the cases of this nature or sexual intercourse offence in these days continuously brought to the court in the increase numbers.

Defence Counsel Holara raised a similar comment and says it is also the role of the government to educate our people about the laws. He made reference to PUBSOL education programme for the communities about the law and he called on the Government to straighten this programme with resources or funding. He said while no person is above the law it is unfair to severely penalized people who does not understand the laws or even ever heard of it in their lives.

I cannot agree anymore with the counsels as noted above. The state has an obligation to seriously relook or review our laws relate to the use of the technology and internet. While they are bringing these things in the name of developments they have contributed to the disharmony of the peace or the problems in our communities. One classic example is the internet with porn movies on phones and accessible to all men, women and children or all sects of people.

It is claimed that we are Christian country and custom people but the prevalence or increase of the sexual offences in our communities does not reflect that at all. The government and leaders on all works of lives have to do something now before it gets worse.

For the courts, we continue to carry our role or part and people coming to the court are punished for their offences.

It is submitted by defence counsel that his client is an old man with health problem and the court to be lenient on him with the sentence. I noted that but one problem and as I stated in my sentence on similar cases and wish to repeat here that these days the sex with small girls seems to be common with the old men or the so called “olos”.

Any person who is found guilty and convicted for such sexual offences should expect server sentences with imprisonments for the offences. For any person who may think to commit such offence he should know the likely sentence that is waiting for him.

Upon considering the facts, aggravating features, mitigation factors and taking into account all with the circumstances of this case, the appropriate sentence for you is two years’ imprisonment.

Order of the Court

1. The accused is sentence to 2 years’ imprisonment
2. The sentence is suspended for two years on good behaviour

THE COURT
Hon. Justice Leonard R Maina
Puisne Judge