R v Saepio [2021] SBHC 33; HCSI-CRC 660 of 2019 (25 February 2021)

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Case name:	R v Saepio

Citation:

Date of decision:	25 February 2021

Parties:	Regina v George Saepio

Date of hearing:

Court file number(s):	660 of 2019

Jurisdiction:	Criminal

Place of delivery:

Judge(s):	Maina; PJ

On appeal from:

Order:	1. Ct 1 – 3 years imprisonment, 2. Ct 2 - 2 years imprisonment, 3. Ct 3-2 years imprisonment 4. Ct 2 and Ct 3 sentence is suspended on good behaviour for 2 years and to commence after imprisonment of Ct 1, 5. Any period in custody to be deducted from the sentence.

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 Offences) Act 2016 section 139(1) (a)

Cases cited:

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

Defendant George Saepio had pleaded guilty and convicted on 3 counts of sexual intercourse with a girl under 15 years of age contrary to section 139 (1) (a) of the Penal Code (Cap 26) as Amendment by the Penal Code (Sexual Offences) Act 2016.

The complainant Myra Opeti Bisili was 12 years old and the Defendant Mr. George Saepio is from Tapurai Village, Simbo Island, Western Province and had committed the offence when he was 25 years old.

On an unknown date between 1^st of December and 31^st of December 2018, the complainant went to have her bath at a well behind LP building at Noro. While she was at the well, she saw the defendant and other boy drinking kwaso beside the well.

They called out to the complainant and she went to them. They offered the kwaso to the complainant she drunk with them. After she had drunk the kwaso, the complainant fell asleep and later woken up by the defendant and took her to his house.

At the house, the complainant and defendant went into the defendant’s room and they slept. At around midnight, the defendant woke up the complainant and he took off her shirt and bra. He then sucked the complainant’s breasts with his mouth and licked her vagina with his tongue. He also had sexual intercourse with her by pushing his penis into the vagina. After they had sexual intercourse both went back to sleep.

On another unknown date between 1^st of March and 31^st of March, the victim went to buy cigarettes for her grandmother at a market stall located at the side post area in Noro. While she was walking along the main road, the defendant who was driving a gray car stopped at the side of the road for her. Complainant got into the car and they drove and stopped in front of the DC store. While they were inside the car, the defendant started to kiss the complainant on her mouth and sucked her breasts. He removed the complainant’s clothes and held her vagina with his hand. The complainant also held the defendant’s penis with her hand. The defendant then proceeded to lick the complainant’s vagina and then pushed his penis into her vagina. After the defendant had sexual intercourse with complainant, he drove her back to their area and dropped her off at the main road. She then went back to their house and the defendant drove away.

Again on another unknown date between 1^st of August and 31^st of August 2019 at Low Price store, Noro, the defendant picked the complainant in the taxi he was driving. They drove to a nearby area close to the water well and parked the car beside the road. Inside the car, the defendant took off the complainant’s clothes and he also his clothes. He then pushed his penis into the complainant’s vagina and he had sexual intercourse with her. After he had sexual intercourse with her he told the complainant to go back to their house. She then walked back to their house alone.

The complainant’s mother found out about that the defendant was having sexual intercourse with the complainant. On the 26^th of August 2019, the mother of the Complainant went to the defendant’s house and cause malicious damage to the defendant’s car by stabbing defendant’s vehicle more than 20 times.

The maximum penalty for the offence of sexual intercourse with a child under 15 years of age contrary to section 139 (1) (a) of the Penal Code (Cap 26) as Amendment by the Penal Code (Sexual Offences) Act 2016 and, if she is under 13 years of age the offer is liable to life imprisonment.

Defence counsel said or hinted in the submission that this is a boy /girl relationship and the court should take into account in the sentence this type of boy/girl relationship in the sentence. It may be so but with limited extent or should not be any complication or hurdle among the two with the conduct of their friendship, however to have a sexual intercourse is child under 15 years of age is an offence or prohibited by the law. The law strictly imposes high penalties even up to life imprisonment. It is so and that is why consent is not an issue for such offences.

With the case the age disparity with 12 years, and complainants tender age and the repetition of the sexual intercourse by the defendant with the complainant.

Again I wish say that I have noted something interesting with the court circuits here or this part of the jurisdiction. There are numerous sexual offence cases coming to court. I would say that this type of case have regularly come to court for mentions and trails. At the last two circuits in the 2020 I dealt or disposed by convictions and sentences several sexual offence cases. Now at this two weeks circuit I have a trail case and beside two rulings on appeal cases dealt with 8 pleaded guilty cases all are sexual offence cases.

What this simply mean is that the prevalence or numerous occurrences of this type of cases a committed by the people is a big concern in our communities.

I give credit to the defendant for pleaded guilty on the first instance on the counts of sexual intercourse with a child who is under 15 years of age and so with no previous conviction.

I noted the cases on sentences cited by the counsels as guidance in this case. With this case the starting point is 4 years imprisonment.

Taking into account the circumstances of the case as disclosed by the facts, plead of guilty on at the first instance, aggravating features, the sentencing submissions by the counsels and the concern of prevalence of sexual offences in our communities, the defendant George Saepio is sentenced to a total of 7 years imprisonment and to be served as by the following orders.

High Court of Solomon Islands

R v Saepio [2021] SBHC 33; HCSI-CRC 660 of 2019 (25 February 2021)