R v Romwane [2021] SBHC 74; HCSI-CRC 265 of 2021 (2 September 2021)

HIGH COURT OF SOLOMON ISLANDS

Case name:	R v Romwane
Citation:
Date of decision:	2 September 2021
Parties:	Regina v John Romwane
Date of hearing:	20 August 2021
Court file number(s):	265 of 2021
Jurisdiction:	Criminal
Place of delivery:
Judge(s):	Bird; PJ
On appeal from:
Order:	1. The defendant is convicted of one of persistent sexual abuse contrary to section 142 (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. I direct that the time spent in pre-trial custody be deducted from the total sentence. 4. Right of appeal.
Representation:	Mrs. Dalcy B Oligari for the Crown Mr. Rodney Sholton Manebosa for the Defendant
Catchwords:
Words and phrases:
Legislation cited:	Penal Code (Amendment) (Sexual Offences) Act 2016 S 142 (2) [cap26],S 139 [cap26], Penal Code S 142 (2)
Cases cited:	Mulele v Director of Public Prosecution and Poini v Director of Public Prosecution [1986] SBCA 6, R v Sticker [2020] SBHC 78, R v Noforangakeri [2021] SBHC 57,

IN THE HIGH COURT OF SOLOMON ISLANDS
CRIMINAL JURISDICTION

Criminal Case No. 265 of 2021

REGINA

V

JOHN ROMWANE

Date of Hearing: 20 August 2021
Date of Decision: 2 September 2021

Mrs. Dalcy B Oligari for the Crown
Mr. Rodney Sholton Manebosa for the Defendant

SENTENCE E

Bird PJ:

1. By information filed on the 17^th July 2021, the defendant, Mr. John Romwane is indicted with one count of persistent sexual abuse of a child contrary to section 142 (2) of the Penal Code (cap 26) as amended by the Penal Code (Amendment) (Sexual Offences) Act 2016. Upon being arraigned on the information, the defendant had entered a guilty plea. He was thereby convicted accordingly.
2. The offence for which you are charged is very serious and carries a maximum sentence of life imprisonment. You must also understand that these laws are enacted for the interest, safety and security of our young children, like the complainant in this case.
3. The facts of the case against you as presented to this court are as follows:
4. You are from Haupeine Village, South Malaita, Malaita Province. The complainant is also from the same village. The complainant was born on the 30^th May 2007 and at the time of the commission of the offences, she was 13 years old. You were 24 years old then.
5. Also at that time, the complainant was attending grade 5 at Waihi School and was living with her father’s biological brother.
6. Sometime between 1^st May to 30^th May 2020, you met the complainant at night after a youth program along the road to your village. You asked to befriend her and she accepted your request. That same night, you took the complainant to a nearby betelnut plantation and had sex with her.
7. The second incident occurred on an unknown date between 1^st October 2020 to the 30^th October 2020. One evening, you met the complainant on her way to church. You took her to a small bush beside the church and had sex with her.
8. The third incident occurred on the 24^th December 2020. On that date you and the complainant went to church for choir practise in preparation for your saints day. You took her to a betelnut plantation after church and you had sex with her. The complainant missed her menstruation cycle and started to be concerned.
9. The fourth incident occurred on the 1^st January 2021 at about 10pm. The Complainant had gone to attend a youth program. You saw the complainant and asked to have sex with her. She followed you to the betelnut plantation. You had sex with her there and then she returned to the youth program.
10. On the 7^th February 2021, the complainant had a severe stomach ache and she noticed bleeding. She was taken to the National Referral Hospital by ambulance for check –up. The doctor who checked her confirmed that the complainant was pregnant and had a miscarriage. You were arrested on the 2^nd March 2021 and were placed in custody to date.
11. To assist the court in imposing an appropriate sentence against you, I have to take into account and balance the aggravating and mitigating features in your case, to the facts as were presented before me. I am also minded to take note of the sentencing guidelines set forth in the case of Mulele v Director of Public Prosecution and Poini v Director of Public Prosecution [1986] SBCA 6, [1985-1986] SILR 145. They included disparity of age, abuse of position of trust, subsequent pregnancy and character of the girl herself.
12. In your case, there is presence of age disparity. I am told that you were 24 years old at the time of offending and the complainant was 13 years old. The age difference between you was 11 years. You were an young adult and you should have known better.
13. It is also submitted by the crown that the young age of the complainant is an aggravating feature. The complainant was still a child at the time of offending. I have noted that you had a relationship with the complainant but you must now know that it is against our laws for you to have a sexual relationship with a child who is under 18 years old. Consenting to sexual intercourse is not a defence to the offence that you have committed.
14. Another aggravating feature that is noted in your case is the repetition of the offence. In the agreed facts, you had sexual union with the complainant on four separate occasions over a period of about eight (8) months.
15. I have also noted from the facts that the complainant had fell pregnant from your sexual relationship with her. She however had a miscarriage and had to be admitted at the National Referral Hospital.
16. On your behalf, Mr. Manebosa of counsel had submitted that you have pleaded guilty to the offending at first opportunity. I give you credit for your early guilty plea. Your guilty plea has not only shown remorse on your part but that you have owned up to your offending and you are willing to face the consequences of your action. You have also save the courts time and resources in conducting a trial into this case.
17. I am informed that you are a first offender. You have no previous conviction. I have also noted that you are an young adult whom I believe would have a good prospect of rehabilitation. I have noted that you are self-employed doing carpentry work. You also operate and run an outboard motor transport business serving your surrounding communities. Those small business endeavours in my view would assist you and your family financially.
18. You are a Form 7 leaver. I am told that you have been accepted to do further studies at the Solomon Islands National University on teaching. I urge you to pursue your further education after your incarceration for your own betterment and that of your family. I believe that you have potential for change and become a better citizen of this country.
19. I am also informed that you co-operated well with the police during investigation and that had also led to your early guilty plea in court. I am further minded to note that you have been remanded in custody from 3^rd March 2021 to this date. The court will take that aspect into account.
20. In further considering the appropriate sentence that I would impose against you, I am urged to also take into account the range of sentences imposed by this court in similar cases. In the case of R v John Noforangakeri, Criminal Case No. 359 of 2020, the defendant had pleaded guilty to one count of having sexual intercourse with a girl under 15 years. He was sentenced to 3 years imprisonment. Two years suspended for 2 years on good behaviour.
21. In the case of R v Sticker [2020] SBHC 78, HCSI-CRC 694 of 2019, the defendant was 22 years and the complainant was 14 years old. They had a relationship for several years. He was sentenced to 2 years imprisonment, I years suspended for 2 years.
22. In the case of R v Ramaia, HCSI – CRC 97 of 2019, the defendant was charged and pleaded guilty to persistent sexual abuse contrary to section 142 (2) of the Penal Code as read with section 139 of the Penal Code (cap 26) as amended by the Penal Code (Amendment) (Sexual Offences) Act 2016. He was sentenced to 4 years imprisonment.
23. Having noted the above discussion, I am of the view that the starting point in your case should be one of 4 years imprisonment. For the mitigating features in your case and especially your early guilty plea and your prospect of rehabilitation, I reduce your sentence by 2 years. You will serve a term of 2 years imprisonment.

Orders of the court

1. The defendant is convicted of one of persistent sexual abuse contrary to section 142 (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. I direct that the time spent in pre-trial custody be deducted from the total sentence.
4. Right of appeal.

THE COURT
Justice Maelyn Bird
Puisne Judge