R v Wai [2021] SBHC 99; HCSI-CRC 91 of 2020 (8 September 2021)

HIGH COURT OF SOLOMON ISLANDS

Case name:	R v Wai
Citation:
Date of decision:	8 September 2021
Parties:	Regina v Golden Wai
Date of hearing:
Court file number(s):	91 of 2020
Jurisdiction:	Criminal
Place of delivery:
Judge(s):	Maina; PJ
On appeal from:
Order:	1. The accused Golden Wai is sentence to 3 years imprisonment, 2. The time spent in custody to be deducted from this sentence. 3. No further orders
Representation:	Kelesi A E for Crown Brook R for Defense
Catchwords:
Words and phrases:
Legislation cited:	Penal Code S 136 and 137
Cases cited:

IN THE HIGH COURT OF SOLOMON ISLANDS
CRIMINAL JURISDICTION

Criminal Case No. 91 of 2021

REGINA

V

GOLDEN WAI

Circuit: Kira Kira, Makira Province

Date of Sentence: 8 September 2021

Counsel
Kelesi A E for Crown
Brook R for Defense

SENTENCE

Accused Golden Wai was convicted up on his own plead guilty on one count of rape contrary to sections 136 and 137 of the Penal Code.

1. Agreed Facts

The defendant is Golden Wai of Roourua village, Arosi 2, Makira Ulawa Province and the complainant is Moreen Siotana of Anuta Island, Arosi 2, Makira Ulawa Province.

On the night of 30th August 2009, the complainant was looking for her husband and she went to Ngarigohu village by paddling a dug canoe to look for her husband but he was not there.

She continued or then went to another place called Roourua and she found her husband was there drinking with other people including the defendant.

The wife then told husband to follow her back to their village but he refused and ordered her to go back home. The wife then pushed her canoe back into the sea and paddled back.

When the wife paddled out a distance in the sea, she heard someone shouted and thought that it was her husband so she paddled slowly and called out his name. The other person who she thought was her husband also paddled his canoe to her and hit her canoe.

She flashed her torchlight onto the person and recognized him as the defendant. The defendant grabbed her and she struggled and shouted but nobody was around or heard her.

They struggled and the canoes they were in moved and reached a place called Gerewai when she jumped out from the canoe and quickly ran away. The defendant chased her and caught up with her. He then laid her on the beach, widened her legs, inserted his penis into her vagina and had sexual intercourse with her, by penetrating her multiple times before he got up and went away.

When the complainant arrived home, she told her sister-in-law who later told her husband about what the defendant did to her. The defendant was reported to the police and was arrested and charged with one count of rape.

2. The Law

Section 136 and 137 of the Penal Code provide that any person who has unlawful sexual intercourse with a woman or girl, without her consent, or with her consent is guilty of the felony termed rape shall be liable to imprisonment for life.

3. Aggravating features

The accused was drunk and the offence was committed in the night at an isolated and victim was a married woman.

4. Mitigation

Accused has pleaded guilty on the charge and that save time for the court to deal with this case. I give you credit for that and will take into account in the sentence.

I noted from the defense’s submission that:

• the accused had reconciled with the complainant and paid $600.00 to her.
• accused has reformed and he is assisting a pastor in a local church,
• he is now a family man with 6 children,

With assisting a pastor in a local church it is a good thing but your action cannot easily be forgotten or put aside by those who knew what you had done.

And further with typical of our people here, no matter you have repented, confessed or as you are now assisting a pastor in a local church, you action or behavior always be a tale to them.

5. Sentence

I noted the case laws referred to them by the counsels in this jurisdiction and for the purpose of consistency or uniformity in the sentence and in particular on the starting point of the sentence.

It is an established principle of law that each case defend on its own circumstances. For the starting point in the sentence for this case of rape it is 4 years.

The offence committed was committed 12 years in 2009. And I noted from the file record that the committal for this matter was conducted in 2018 here in Kira Kira and filed or registered in the High Court in 2020 and the question of undue delay may be a matter to be taken into account in the sentence. But it should also be noted by the accused he has to be punished for his crime.

Upon considering the facts and taking into account the aggravating features and mitigating factor it is my view that the accused be sentence to 3 years imprisonment.

Order of the Court

1. The accused Golden Wai is sentence to 3 years imprisonment,
2. The time spent in custody to be deducted from this sentence.
3. No further orders

THE COURT
Hon. Justice Leonard R Maina
Puisne Judge