R v Fafoe [2021] SBHC 90; HCSI-CRC 397 of 2020 (22 September 2021)

HIGH COURT OF SOLOMON ISLANDS

Case name:	R v Fafoe
Citation:
Date of decision:	22 September 2021
Parties:	Regina v George Fafoe
Date of hearing:
Court file number(s):	397 of 2020
Jurisdiction:	Criminal
Place of delivery:
Judge(s):	Maina; PJ
On appeal from:
Order:	1. Ct 1 5 years’ imprisonment, Ct 2 5 years’ imprisonment, Ct 3 5 years’ imprisonment; and, Ct 4 5 years’ imprisonment 2. Counts 1 and 2 to run consecutively, 3. Counts 3 and 4 is suspended, 4. Any time spent in custody to be deducted from the sentences on counts 1 and 2, 5. No further order.
Representation:	Rachael Olutimayin for the Prosecution Manebosa for Accused
Catchwords:
Words and phrases:
Legislation cited:	Penal Code (Amendment) (Sexual Offences) Act 2016 S 139 (1) (b), S 140 (1) (a) (b)
Cases cited:

IN THE HIGH COURT OF SOLOMON ISLANDS
CRIMINAL JURISDICTION

Criminal Case No. 397 of 2020

REGINA

V

GEORGE FAFOE

Date of Sentence: 22 September 2021

Counsel
Rachael Olutimayin for the Prosecution
Manebosa for Accused

SENTENCE

The accused George Fafoe had pleaded guilty and convicted on one count of sexual intercourse with a child under 15 years’ contrary section 139 (1) (b) of the Penal Code as amended by Penal Code (Amendment) Sexual offences) Act 2016, 3 counts of sexual intercourse with a child under 18 years, contrary 140 (1) (a) (b) of the Penal Code as amended by Penal Code (Amendment) Sexual offences) Act 2016.

The complainant (name withheld) was born in 2002 and she is now 18 years and this incident when the complainant was 14 years 11 months,

The accused George Fafoe who is around 44 years and the complainant is his step-daughter as he married to her biological mother Ilena Muna. The complainant had a child by the accused.

Brief Facts

On an unknown date between 1^st and 31^st May 2017 when the complainant was 14 years 11 months, the accused told the complainant to go with him to get or collect some cassava and cabbages at the garden. Accused and complainant went and when they were the bush, the accused pulled the complainant and he had sex with her by inserting his penis into her vagina.

And again on unknown date in the first week of October 2019 when was 17 years 2 months, the accused had sexual intercourse with the complainant by inserting his penis into the complainant’s vagina. At that time the complainant’s mother was out on fishing.

Again on another occasion between 1^st and 31^th November 2019, in the early hour of the morning, the complainant awoke from her deep sleep and saw the accused on top of her. He pushed his penis into her vagina and had sex with her.

The last occasion was between 16^th and 30^th November 2019 in their house, the accused had sexual intercourse with the complainant by inserting his penis into the complainant’s vagina.

The Penalty

The offences of Sexual intercourse of child under 15 carries a maximum penalty of 15 years’ imprisonment and Sexual intercourse of child under 18 carries a maximum penalty of 15 years’ imprisonment.

By the penalties provided by the law for the offences they are serious offences.

Aggravating features

The accused is the step-father of the complainant; however the accused has breach the trust on to look or care of his step-daughter and also result to the pregnant of the complainant.

Mitigation

I take into account in the sentence the age and credit for pleaded guilty at the first opportunity. That saves the court’s time and resources to run a trail for this case.

Taking into account the facts, aggravating features and mitigation, the accused is sentence as follows:

1. Ct 1 5 years’ imprisonment,
   • Ct 2 5 years’ imprisonment,
   • Ct 3 5 years’ imprisonment; and,
   • Ct 4 5 years’ imprisonment
2. Counts 1 and 2 to run consecutively,
3. Counts 3 and 4 is suspended,
4. Any time spent in custody to be deducted from the sentences on counts 1 and 2,
5. No further order.

THE COURT
Hon. Justice Leonard R Maina
Puisne Judge