R v Jeredi [2022] SBHC 129; HCSI-CRC 706 of 2021 (22 December 2022)

HIGH COURT OF SOLOMON ISLANDS

Case name:	R v Jeredi
Citation:
Date of decision:	22 December 2022
Parties:	Rex v Moffat Zonga Jeredi
Date of hearing:	16 December 2022
Court file number(s):	706 of 2021
Jurisdiction:	Criminal
Place of delivery:
Judge(s):	Keniapisia; PJ
On appeal from:
Order:	Accordingly; I impose a custodial sentence of 6 years, minus time spent in custody to be accounted for by Gizo correctional authorities.
Representation:	Mr Meioko for the Crown Mr Max for the Defendant
Catchwords:
Words and phrases:
Legislation cited:	Penal Code (Amendment Sexual) Act 2016 S 13 (c)
Cases cited:

IN THE HIGH COURT OF SOLOMON ISLANDS
CRIMINAL JURISDICTION

Criminal Case No. 706 of 2021

REX

V

MOFFAT ZONGA JEREDI

Date of Hearing: 16 December 2022
Date of Sentence: 22 December 2021

Mr Meioko for the Crown
Mr Max for the Defendant

Keniapisia; PJ

Sentence

On 9/12/2022, I convicted the defendant for an offence of having sexual intercourse, with a female child under 15 years. Now I have to impose the appropriate punishment. The appropriate punishment Counsel agreed at oral submissions is - immediate custodial sentence. This is based on recent cases decided both in the High Court and Court of Appeal. I am grateful to Counsel for cases supplied which I have read. They provide sentencing guidelines to aid my discretion. But the merits of this case will determine the appropriate custodial term for me. Custodial sentence is proper because it will reflect society’s serious disapproval of sexual offences against young girls under 15 years and to generally act as deterrence.

What then is the appropriate term of custodial sentence I should give on the merits of this case? Crown says I should give 10 years. Defence submits anything between 4 - 6 years is decent sentence. Should there be a higher or lower sentence term? For this offence, the maximum penalty set by Statute is 15 years. It shows Parliament’s intent to address sexual offences against children as a prevalent issue in this country, most commonly happening in the home. Commonly young girls become victims of sexual gratification of their fathers, uncles, brothers or very close male relatives on whom young girls depend (domestic relationships).

Courts with the same concern about the prevalence of this kind of crime against girls/children have almost settle that there must be immediate custodial sentence for offenders of sexual abuse against children (mostly young girls). Courts have set the starting point sentence for rape at 5 years, 8 years or even 15 years, depending on the seriousness of each case. Most put the starting point at 8 years. I will go for 8 years. And so my starting point here is 8 years.

Then the 8 years starting point will inevitably inflate to 10 years because of the presence of aggravating features. The aggravating features Crown submitted on and consented by defence are: age (victim young girl of 14 years), age disparity (victim 14 years and accused 39 years), offending at night, harm/impact on victim (take judicial notice of even though no medical report). Defence dispute breach of trust position. Defence is correct that the definition of person in a position of trust does not apply here under Section 136 (c) of the Penal Code (Amendment) (Sexual Offences) Act 2016 (No 3 of 2016). For the defendant does not hold any position of trust or authority over the victim or the victim is not dependant on the defendant. I agree with defence and exclude breach of trust position as an aggravating factor.

Then there are mitigating factors, not many that I also need to consider. The only 2 mitigating factors are – first time offender and personal matters. First time offender must have 3 years deduction. Personal matters may only carry less impact in mitigation, but I still allow 1 year deduction. So I will deduct 4 years altogether. And send the defendant to 6 years imprisonment. Correctional authorities in Gizo, will then deduct the times defendant already spent in custody. Accordingly; I impose a custodial sentence of 6 years, minus time spent in custody to be accounted for by Gizo correctional authorities.

THE COURT
JUSTICE JOHN A KENIAPISIA
PUISNE JUDGE