R v Hedele [2022] SBHC 5; HCSI-CRC 196 of 2021 (22 March 2022)

HIGH COURT OF SOLOMON ISLANDS

Case name:	R v Hedele
Citation:
Date of decision:	22 March 2022
Parties:	Regina v Ambrose Hedele
Date of hearing:
Court file number(s):	196 of 2021
Jurisdiction:	Criminal
Place of delivery:
Judge(s):	Maina; PJ
On appeal from:
Order:	1. Ambrose Hedele is sentenced to 5 years’ imprisonment 2. Time spent custody to be deducted from this sentence, 3. No further orders
Representation:	Oligari D for the Crown Aupai S for the Defence
Catchwords:
Words and phrases:
Legislation cited:	Penal Code (Amendment) (Sexual Offences) Act 2016 S 139 (1) (a)
Cases cited:

IN THE HIGH COURT OF SOLOMON ISLANDS
CRIMINAL JURISDICTION

Criminal Case No. 196 of 2021

REGINA

V

AMBROSE HEDELE

Date of Sentence: 196 of 2021

Oligari D for the Crown
Aupai S for the Defence

SENTENCE

Maina PJ:

You, Accused Ambrose Hedele have been convicted upon your own plea of guilty on the on one count of section 139 (1) (a) of the Penal Code (Amendment) Sexual Offences Act 2016.

Brief Facts of the case

The complainant was 5-year-old girl at the time of the commission of the offence. On 5^th July 2019 when the mother of the child went to the bush to collect some banana while she was sick, you approached the child and took her to the bush to collect some nuts at Tinababa.

When you and the child reached Tinababa, you took off her clothes and lie her down on the rock. You also took off your clothes and showed your penis to the small girl. You placed your penis on her vagina and rubbed it on hers. Then you lifted the complainant’s clothes fondled her vagina with your finger eventually lick her vagina. You were seen or disturbed by some people before you quickly put out the girl’s leg from your shoulder and dropped them.

You, accused is about 23 years old and entering the maturity or adulthood age.

The maximum penalty for this offence is life imprisonment

Aggravating features

The aggravating features in this case that you are 23 years old and he is entering the maturity or adulthood age and the complainant 5 years old at the time of offending. Your act was also an abuse of trust when you suppose to look after this small girl because asked her to go with you but you did an unlawful thing to her.

Mitigating Factors

You are the first time offender and have no previous conviction offender, I give credit for that and take into account in the sentence.

As repeatedly said in this court that sexual offences are becoming common in our communities and particular with the abusing of the minors or small girls and this is a concern to us.

With this case, it is my view the starting point in the sentence should be six years. And taking into account the mitigating factors and aggravating features, the accused is accordingly sentence to 5 years’ imprisonment.

Orders of the Court

1. Ambrose Hedele is sentenced to 5 years’ imprisonment
2. Time spent custody to be deducted from this sentence,
3. No further orders

THE COURT
Hon. Justice Leonard R Maina
Puisne Judge