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High Court of Solomon Islands |
HIGH COURT OF SOLOMON ISLANDS
Case name: | R v Tata |
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Citation: | |
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Date of decision: | 29 June 2021 |
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Parties: | Regina v Boniface Tata |
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Date of hearing: | 8 June 2021 |
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Court file number(s): | 157 of 2019 |
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Jurisdiction: | Criminal |
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Place of delivery: | |
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Judge(s): | Bird; PJ |
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On appeal from: | |
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Order: | 1. The defendant is convicted of one count of indecent act on a child under 15 contrary to section 139 (2) of the Penal Code (cap 26) as amended by the Penal Code (Amendment) (Sexual Offences) Act 2016. 2. The defendant is hereby sentenced to 2 years imprisonment. 3. Since the defendant had already served a period of 1 year. 11 months and 21 days in pre-trial custody, he had fully served his term of imprisonment. 4. The defendant is to be released at the rising of the court. 5. Right of appeal. |
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Representation: | Mrs Margret Suifa’asia for the Crown Mr. Daniel Kwalai for the Defendant |
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Catchwords: | |
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Words and phrases: | |
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Legislation cited: | Penal Code (Amendment) (Sexual Offences) Act 2016 section 139 (1) [cap 26], 139 (2) |
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Cases cited: | R v Velo [2021] SBHC 31 |
IN THE HIGH COURT OF SOLOMON ISLANDS
CRIMINAL JURISDICTION
Criminal Case No. 157 of 2019
REGINA
V
BONIFACE TATA
Date of Hearing: 8 June 2021
Date of Decision: 29 June 2021
Mrs Margret Suifa’asia for the Crown
Mr. Daniel Kwalai for the Defendant
SENTENCE
Bird PJ:
You are from Liwa Village, South Malaita. You are the half-brother of the victim’s grandfather, Mr. Clement Honiola. The victim is Cidilia Honi. She was born on the 20th July 2009 at the National Referral Hospital, Honiara.
In December 2017, the victim lived with her mother and her baby sister at Clement Honiola’s house at East Kola’a Ridge, Honiara. On the night of the 31st December 2017, the victim was at home sleeping with her baby sister. Her mother Freda Honi was sitting at the BBQ stall beside the road close to their house. That night you were drunk, having consumed alcohol at Mbua Valley. From Mbua Valley, you went to your brother’s house at 777. No one was there so you went to Clement Honi’s house.
Between the hours of 2am to 3am the victim was sleeping in the room. She was sleeping on a mattress on the floor and her aunty Lucy Honiola and her baby sister were sleeping on a raised bed in the same room. You went and lay next to the victim on the floor. You then lowered the victim’s trousers and touched her vagina, her hips and her breast.
The victim’s mother entered the room and found you behind the door. She also saw her daughter lying on the floor. She then shouted at you and hit you. You thereafter left the room. The matter was reported to the police and you were arrested on the same night.
Your family and the victim’s family have agreed to settle the matter in which your family paid compensation of $2,000.00 to the victim’s family.
Orders of the court
THE COURT
Justice Maelyn Bird
Puisne Judge
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URL: http://www.paclii.org/sb/cases/SBHC/2021/52.html