R v Sasapio [2022] SBHC 29; HCSI-CRC 376 of 2020 (22 April 2022)

HIGH COURT OF SOLOMON ISLANDS

Case name:	R v Sasapio
Citation:
Date of decision:	22 April 2022
Parties:	Regina v William Sasapio
Date of hearing:
Court file number(s):	376 of 2020
Jurisdiction:	Criminal
Place of delivery:
Judge(s):	Maina; PJ
On appeal from:
Order:	1. Accused William Sasapio is sentence to five (5) years imprisonment 2. Time spent custody to be deducted from the sentence, 3. No further orders
Representation:	DPP Olutimayin R for the Crown Waroka for the Defence
Catchwords:
Words and phrases:
Legislation cited:	Penal Code (Amendment) (Sexual Offences) Act 2016 S139 (1) (a),S 136 to 150 Penal Code S 141 [cap 26]
Cases cited:	Pana v Regina [2013] SBCA 19,

IN THE HIGH COURT OF SOLOMON ISLANDS
CRIMINAL JURISDICTION

Criminal Case No. 376 of 2020

REGINA

V

WILLIAM SASAPIO

Date of Sentence: 22 April 2022

DPP Olutimayin R for the Crown
Waroka for the Defence

SENTENCE

Maina PJ:

1. You, William Sasapio was found guilty and convicted on 23^rd September 2021 after a trail on one count of sexual intercourse with a child under 15 years under section 139 (1) (a) of the Penal Code as amended by Penal Code (Amendment) Sexual offences) Act 2016.

Brief Facts

2. On 19^th March 2020 the accused Sasapio took off from his 5-year-old cousin sister (named withheld) her trouser. He then had sexual conduct with the child by licking the small girl’s vagina.

Penalty

3. The maximum penalty for the sexual intercourse of a child under 13 years contrary to section 139 (1) (a) of the Penal Code (Amendment) Sexual Offences Act 2016 is life imprisonment.

Antecedent

4. Accused was born on 6^th July 1982 and committed the offence when he was 37 years and 8 months. He is now 39 years 9 months old and has previous conviction of Burglary charges of 4 counts in 2003.

Aggravating features

5. Victim was extremely of young age of 5 years and age difference of 32 years at the time of the offence. The victim is his cousin sister and he has abused his trust to care for the girl.

Mitigating Factors

6. It is interesting to note from the defence’s submission that the Defendant is the first offender but the Crown with the antecedent of the accused stated that accused had previous conviction of burglary charges of 4 counts in 2003. The Crown did not state the penalties of the previous conviction. If there may be so, the offences had happened 17 years ago in 2003 and I will not take into account in this sentence but will take into account the time in custody or he has been in custody since 19^th March 2020.

Sentence

7. These type of offence is increasing in our communities at an alarming rate and with the circumstances of the offending of this case, the starting point in the sentence for this case is five years.
8. With this case, the accused decided to abuse that trust and used the closeness or vulnerability of the young age girl for his sexual pleasure. An abuse of trust that may not deserve much leniency on the sentence to him.
9. I noted the Court of Appeal case in Pana v Regina [2013] SBCA 19, CRAC 13 of 2013 when it discussed the guidelines of starting point and stated that:
   • “in all but the most exceptional case, the sole fact that the child is below the age of consent should in itself bring the starting point to eight years whether the conviction is for rape or defilement”.
10. I also noted the nature or circumstance of the offending by this accused was an indecent assault under section 141 of the Penal Code (Cap 26) (the “principal Act”) until the provisions of section 136 to 150 of the principal Act was repealed and replaced by the Penal Code (Amendment) Sexual Offences Act 2016. If it was under the old provision, it should be an indecent assault which is punishable to maximum penalty of five years.
11. Under the Penal Code (Amendment) Sexual Offences Act 2016, these indecent act is now sexual intercourse offence and punishable to a life imprisonment. Basically it is so with the amendment in the definition of the sexual intercourse or indecent act under the Penal Code (Amendment) Sexual Offences Act 2016.4
12. Noting the above it is my view the starting point in the sentence for this case six (6) years.
13. Taking into account the mitigating factors and aggravating features, the circumstances of the offending of this case I am satisfy and sentence you, accused William Sasapio to five (5) years imprisonment.

Orders of the Court

1. Accused William Sasapio is sentence to five (5) years imprisonment
2. Time spent custody to be deducted from the sentence,
3. No further orders

THE COURT
Hon. Justice Leonard R Maina
Puisne Judge