R v Lolobo [2021] SBHC 24; HCSI-CRC 564 of 2020 (25 February 2021)

HIGH COURT OF SOLOMON ISLANDS

Case name:	R v Lolobo
Citation:
Date of decision:	25 February 2021
Parties:	Regina v Steve Lolobo
Date of hearing:
Court file number(s):	564 of 2020
Jurisdiction:	Criminal
Place of delivery:
Judge(s):	Maina; PJ
On appeal from:
Order:	1. Defendant is sentenced to 2 years imprisonment. 2. Any period in custody to be deducted from the sentence. 3. No further orders
Representation:	Kelesi A E and Meioko A for the Crown Gray G Public Solicitor and Max H for the Defence
Catchwords:
Words and phrases:
Legislation cited:	Penal Code (Amendment) (Sexual Offence) Act 2016 Section 139 (1) (b)
Cases cited:

IN THE HIGH COURT OF SOLOMON ISLANDS
CRIMINAL JURISDICTION

Criminal Case No. 564 of 2020

REGINA

V

STEVE LOLOBO

Sitting: Gizo Circuit

Date of Sentence: 25 February 2021

Kelesi A E and Meioko A for the Crown
Gray G Public Solicitor and Max H for the Defence

SENTENCE

Maina PJ:

You, Steven Lolobo had pleaded guilty and I convicted you on one count of sexual intercourse with a girl under 15 years of age contrary to section 139 (1) (b) of the Penal Code (Cap 26) as Amendment by the Penal Code (Sexual Offences) Act 2016.

Summary of Agreed Facts

The complainant Melcy Soto was 14 years of age and the defendant was about 22 years old.

On 11 August 2020, the complainant went to pastor Manol’s house at Duta Village, Kolombangara Island.

While she was at pastor Manol’s house the defendant arrived and told the complainant to follow him to a nearby bridge. The complainant followed the defendant as they had just started their relationship.

The complainant and defendant walked into a bush to the bridge. In the bush complainant and defendant then removed their own clothes from them. The defendant told the complainant to lay down on his shirt and trousers that he had spread on the ground.

The complainant then lay down on of his clothes and defendant climbed on her and had sexual intercourse with her. After a while, defendant stopped and they sat up and the defendant kissed and held her breast. They came out of the bush and the complainant went back to their house.

On 13^th August 2020, the complainant told her mother and grandmother that the defendant had sexual intercourse with her and they reported the case to Police in Ringi.

The defendant participated in a record of interview and made admissions that he had a sexual relationship with the complainant.

Aggravating features

There is no aggravating feature except for the age of the victim who was 14 years.

Defence submitted the offence arose on a boy/girl relationship and asked the court to take into account in the sentence this relationship. The girl voluntarily, willingly, actively and participated in sexual intercourse with the accused. Counsel said she enjoyed it and had not been for the law, whatever happened that night would be deemed lawful.

However I wish to stress here that the law is just clear that it is unlawful or not right for the defendant to have sexual intercourse with a girl less than 15 years of age. It is an offence punishable to life imprisonment.

And taking into in the sentence what is prohibited by law somehow make no sense. It may be that the defendant should wait until the right time comes, provided with consent. It would be just like waiting for the banana to get ready or ripe before harvesting or eating it. Harvesting or eating unready or unripe banana sometime is sour, bitter and nasty. Likewise sexual intercourse with a child under 15 years of age is punishable with imprisonment if you are found guilty and convicted by the court.

However such may be taken into account but with lower weight when considering the complainant’s character in the sentence as for this complainant.

I credit to the defendant for plea of guilty at the first instance and no previous conviction.

The victim was 14 years of age at the time of the offence and so the maximum penalty for the offence of sexual intercourse with a child between 14 and 15 years of age, the maximum penalty – 15 years. The starting point for this case is 4 years.

And taking into account the submissions from the Crown and Defence, aggravating features, the plea of guilty and at the first instance and no previous conviction, the defendant Steven Lolobo is sentenced to 2 years imprisonment.

Order of the Court

1. Defendant is sentenced to 2 years imprisonment.
2. Any period in custody to be deducted from the sentence.
3. No further orders

The Court
Hon. Justice Leonard R Maina
Puisne Judge