R v Luifirara [2022] SBHC 61; HCSI-CRC 94 of 2021 (31 August 2022)

HIGH COURT OF SOLOMON ISLANDS

Case name:	R v Luifirara
Citation:
Date of decision:	31 August 2022
Parties:	Regina v Ramson Luifirara
Date of hearing:	26 August 2022
Court file number(s):	94 of 2021
Jurisdiction:	Criminal
Place of delivery:
Judge(s):	Bird; PJ
On appeal from:
Order:	1. The defendant Mr Ramson Luifirara is hereby sentenced to 3 years imprisonment. 2. I direct that the time spent in pre-trial custody is to be deducted from the total sentence. 3. Right of appeal
Representation:	Mrs. Olivia Ratu Manu & Ms Amanda Mono for the Crown Mr. Bobby Harunari for the Defendant
Catchwords:
Words and phrases:
Legislation cited:	Penal Code (Amendment) (Sexual Offences) Act 2016, S 136 F (1) (a) & (b) [cap 26] Penal Code S 24 (2) [cap 26]
Cases cited:	R v Billam [1986] 1 WLR 349

IN THE HIGH COURT OF SOLOMON ISLANDS
CRIMINAL JURISDICTION

Criminal Case No. 94 of 2021

REGINA

V

RAMSON LUIFIRARA

Date of Hearing: 26 August 2022
Date of Decision: 31 August 2022

Mrs. Olivia Ratu Manu & Ms Amanda Mono for the Crown
Mr Bobby Harunari for the Defendant

SENTENCE

Bird PJ:

1. This defendant was convicted by the court after a trial on the 19^th August 2022 for the offence of rape contrary to section 136F (1) (a) & (b) of the Penal Code (cap 26) as amended by the Penal Code (Amendment) (Sexual Offences) Act 2016. He now appears before for sentence.
2. The offence for which you are charged is very serious and carries a maximum sentence of life imprisonment. Notwithstanding that maximum sentence the courts are empowered under section 24 (2) of the Penal Code (cap 26) to impose a shorter sentence than the one prescribed depending on the peculiar circumstances of each case.
3. In your case, it was submitted by Mrs Oligari of counsel for the crown that you have used a pliers to frighten and intimidate the complainant. It is nonetheless noted that you did not use the weapon on the complainant at the material time. It is further submitted by the crown that there is some form of pre-meditation into the commission of the offence. According to the evidence in the trial, you saw the complainant walking on the road and decided to approach her and walked along with her. You never knew the complainant before that incident but decided to approach her. It is also noted in the evidence adduced in court that you were drunk on that occasion. If you have been sober-minded you might just be able to control and restrain yourself from committing the offence. It is further submitted by the crown that you have a previous conviction. I have had the opportunity to peruse and noted the summary of your previous convictions. It is obvious that the conviction of intimidation on the 26^th February 2021 was on a charge that is connected to this current charge. On that basis, I will not take that conviction against you in this sentence.
4. On your behalf, it was submitted by Mr Harunari of counsel that you were 20 years old at the time of offending. In that regard, you were a youthful offender. You have a good prospect of rehabilitation. As earlier stated in this sentence, apart from threatening the complainant, you did her no physical harm. As your previous conviction is connected to your current charge, I will regard you as a first offender. It is submitted by your lawyer that you have been in pre-trial custody since 13^th October 2020 to this date. By today’s date, you would have spent a total of 1 year, 10 months and 21 days in pre-trial custody. That period of time will be taken into account in your sentence. It is also noted by the court that it has taken the court nearly 2 years to finalise your case.
5. I have perused and taken note of the comparative cases discussed by the crown and your lawyer in their respective submissions. I have also noted the various starting points discussed in the case of R –v- Billam (1986) 1 WLR 349. Having noted them and taking into account the peculiar circumstances in your case, I put your starting point at 4 years imprisonment. For the aggravating features discussed above, I will increase your sentence by 6 months. For the mitigating features and especially your youthfulness and your prospect of rehabilitation, I will reduce your sentence by 18 months. Total sentence to serve is one of 3 years imprisonment.

Orders of the court

1. The defendant Mr Ramson Luifirara is hereby sentenced to 3 years imprisonment.
2. I direct that the time spent in pre-trial custody is to be deducted from the total sentence.
3. Right of appeal

THE COURT
Justice Maelyn Bird
Puisne Judge