R v Bulo [2021] SBHC 94; HCSI-CRC 317 of 2019 (23 September 2021)

HIGH COURT OF SOLOMON ISLANDS

Case name:	R v Bulo
Citation:
Date of decision:	23 September 2021
Parties:	Regina v Francis Bulo
Date of hearing:
Court file number(s):	317 of 2019
Jurisdiction:	Criminal
Place of delivery:
Judge(s):	Maina; PJ
On appeal from:
Order:	1. Accused Francis Bulo is sentence to 6 years’ imprisonment. 2.The period spent in remand in custody to be deducted from the total sentence; 3. No further order.
Representation:	Nagu N S for the Crown Kwalai for the Defence
Catchwords:
Words and phrases:
Legislation cited:	Penal Code (Amendment) (Sexual Offences) Act 2016 S 140 (1) (a
Cases cited:

IN THE HIGH COURT OF SOLOMON ISLANDS
CRIMINAL JURISDICTION

Criminal Case No.

REGINA

V

FRANCIS BULO

Date of Sentence: 23 September 2021

Nagu N S for the Crown
Kwalai for the Defence

SENTENCE

The defendant Francis Bulo has pleaded guilty on one count of Sexual Intercourse with a child under 18 years, contrary section 140 (1) (a) of the Penal Code as amended by the Penal Code (Sexual Offence Act) 2016.

1. Facts

The defendant is Francis Bulo age 33-year from Anoano Village, West Kwaio, Malaita Province and complainant is Mary Taharonghoe who was 16 years old at the time of the offending. She is from Talara village, Tasimboko area, North East Guadalcanal, Guadalcanal Province.

The defendant is the uncle of the complainant as he was married to her aunty.

On 27^th January 2019 at about 2pm the accused told the complainant that someone wanted to see her grandfather. She went and told her grandfather who then told her to go and ask the person who wanted to see him to go over to him.

The complainant went back to the accused to pass her grandfather’s message. She arrived to him, but the accused was standing along a road inside a cocoa plantation. Complainant asked for the person who wanted to see her grandfather. But the accused said to her, ‘man ya na lo hia’ and he proceeded to take down his trousers.

The accused then held on his penis with his right hand and showed it to the complaint. At the same time, he grabbed the complainant’s left hand and laid her down on top of cocoa leaves and then he rubbed his penis onto her belly.

The complainant was not wearing any pant or trousers underneath her skirt and Accused pulled up her skirt and then rubbed his penis and struggled to push his penis into her vagina. She struggled and shouted loudly for anyone to hear her.

The accused warned the complainant that if she shouts he will cut her to death with a knife. He showed the knife and placed near them.

The accused continued to push his penis in and out of the complainant’s vagina until she felt wet on her vagina.

The complainant’s uncle, Bokansela, heard her shout so he went over to where they were but on arrival the accused had left the complainant and walked away.

Bokansela asked her what happened and she told him what the accused did to her.

The complainant reported the matter to Police.

2. The Penalty

Section 140 (1) (a) of the Penal Code as amended by the Penal Code (Sexual Offence Act) 2016 provide that a person commits an offence if the person has sexual intercourse with a child who is at least 15 years of age but under 18 years of age; and the Maximum penalty is 15 years’ imprisonment.

3. Mitigating Factor

I give credit and take into in this sentence as being the first offender and pleaded guilty at the first instance.

4. Aggravating features

There is a disparity age of 16 years as the accused is 33 years old. Certainly an abuse of trust as the victim is uncle to the accused with and a use of violence when accused grabbed the victim, laid her on the cocoa leaves, pulled her clothes on the belly and eventually pushed his penis on her vagina of the child.

5. Sentence

Obviously, a greater degree of trust and an uncle makes the offence serious. These calls for heavier punishment as a deterrent to such people abusing their relatives. The behaviours or attitudes is becoming common or popular in our islands as seen from cases being heard or coming to this court.

With this case the accused had used a weapon of bush knife to threaten her with it, that he will cut her to death with a knife, showed and placed the knife near them.

This in all respect make this case of a serious nature and the accused to receive a custodial sentence. Accordingly, I sentence you, Francis Bulo to 6 years’ imprisonment.

Orders of the Court

1. Accused Francis Bulo is sentence to 6 years’ imprisonment.
2. The period spent in remand in custody to be deducted from the total sentence;
3. No further order.

THE COURT
Hon. Justice Leonard R Maina
Puisne Judge