R v Alepio [2021] SBHC 27; HCSI-CRC 691 of 2019 (25 February 2021)

HIGH COURT OF SOLOMON ISLANDS

Case name:	R v Alepio
Citation:
Date of decision:	25 February 2021
Parties:	Regina v Rosco Alepio
Date of hearing:
Court file number(s):	691 of 2019
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 on good behavior for two years, 3 No further orders
Representation:	Meioko A and Kelesi for the Prosecution Public Solicitor Gray G and Max H for the Defence
Catchwords:
Words and phrases:
Legislation cited:	Penal Code (Amendment) (Sexual Offence) Act 2016 [cap 26] section 139 (1) (b)
Cases cited:

IN THE HIGH COURT OF SOLOMON ISLANDS
CRIMINAL JURISDICTION

Criminal Case No. 691 of 2019

REGINA

V

ROSCO ALEPIO

Sitting: Gizo Circuit
Date of Sentence: 25 February 2021

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

SENTENCE

Maina PJ:

The Defendant ROSCO ALEPIO pleaded guilty on the charge 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.

Upon agreed or accepted the facts of the case, I convicted him on the charge of sexual intercourse with a girl who is under 15 years of age.

Summary of Agreed Facts

The complainant Auana Anila was 6 years age and the defendant Rosco Alepio was 16 years old at time of the offence.

On an unknown date in January 2019, the complainant, her aunty Marela Hardie and the defendant went to a plantation and collected the ngali nut fruits. After they collected the nut, the defendant carried the complainant’s auntie’s bag of nuts down to the seaside. He went down to the seaside with the complainant.

When they reached the seaside the defendant put down to the bag of nuts and pulled the complainant’s hand and led her to the bottom of a tree. There the defendant laid the complainant on the ground and kissed her on her mouth. He also pushed his penis several times into the complainant’s mouth and also sat over the complainant.

The defendant also removed the complainant’s clothes from her and pushed his penis into her vagina. Complainant felt pain in her vagina but she just lay quietly as the defendant told her that he would give her some lollies. After sexual intercourse with the complainant, the defendant took his shirt and wiped the complainant’s vagina. Defendant lied as he did not give to any lollies.

On 30^th January 2019, while complainant was sleeping her mother smelt a foul smell from the complainant trousers. The mother also saw the complainant’s front trouser was wet.

The mother woke up the complainant and asked what had happened to her but she did not tell her mother anything. The mother also saw complainant’s vagina was red and inflamed.

On the morning of the next day, the complainant’s mother asked her about what had happened to her vagina and the complainant told her that the defendant had pushed in penis into her vagina.

Upon hearing this, the complainant’s mother took her to Lale Clinic and she was then referred to Gizo hospital.

On 6^th February 2019 the complainant was examined by Doctor Angeline Naqu at Gizo hospital and the medical examination revealed that the complainant had contracted gonorrhea. She was then treated with antibiotics.

The incident was then reported to Gizo Police. The defendant was arrested, interviewed and he admitted that he had sexual intercourse with the complainant.

The Juvenile Offenders Act

The defendant was 16 years old or juvenile when he committed the offence. He was born on 2003 and now he is 18 years of age.

The Juvenile Offenders Act sets out special provisions to deal with children and young people who are alleged to have committed offences other than homicide. At Magistrate Court, the Act creates a separate Court in which the magistrates deal with juvenile offenders.

The Juvenile Offenders Act deals with both child who is under 14 years and young persons who is 14 years or more and under 18 years.

For the purpose of sentence in an offence it is the common requirement by the court for the counsels to provide or have information related to the juvenile on the matters of general conduct, home surroundings, school record and on any medical history.

As usual this information will be helpful for the court to deal with the case in the best interests of the juvenile or young offender. For this case these are not available and so the court will take or rely on the sentencing submissions by the Crown and Defence counsels.

The accused is juvenile and will turn 18 years in 2021. He left the school in Grade 6 and stays at the village. He has pleaded guilty for his crime at the first instance and has no previous conviction.

The parents of the complainant and defendant had made reconciliation among them and a compensation of $50.00 was paid to the relative of the complainant.

The aggravating features is as a result of the defendant had sex with complainant was she had the sick of gonorrhea or health problem and the complainant was just 6 years.

There are case laws on sentences cited by both counsels in the sentencing submissions, I noted and take into account in this sentence. Further it is also important to take into the accused is a young person, prospect of rehabilitation is optimistic and his best interests as a juvenile.

I give credit for the plea of guilty at the first opportunity and no previous conviction.

Taking into account the matters elevated by the counsel in their submission, mitigation the prospect of rehabilitation is optimistic and the best interests of this young person, the defendant is therefore sentence to 2 years imprisonment.

Orders of the Court

1. The accused is sentence to 2 years imprisonment,
2. The sentence is suspended on good behavior for two years,
3. No further orders.

The Court
Hon. Justice Leonard R Maina
Puisne Judge