R v Rayvis [2022] SBHC 8; HCSI-CRC 10 of 2022 (8 April 2022)

HIGH COURT OF SOLOMON ISLANDS

Case name:	R v Rayvis
Citation:
Date of decision:	8 April 2022
Parties:	Regina v Michael Rayvis
Date of hearing:	30 March 2022
Court file number(s):	10 of 2022
Jurisdiction:	Criminal
Place of delivery:
Judge(s):	Bird; PJ
On appeal from:
Order:	1. The defendant Michael Rayvis is convicted of 2 counts of sexual intercourse- child under 15, contrary to section 139 (1) (b) of the Penal code (cap 26) as amended by the Penal Code (Amendment) (Sexual Offences) Act 2016 2. Count 1- The defendant is sentenced to 12 months imprisonment. 3. Count 2 – The defendant is hereby sentenced to 14 months imprisonment 4. The sentences in count 1 and count 2 are to be served concurrently. 5. I direct that 6 months of the total sentence is suspended for 12 months. 6. I further direct that time spent in pre-trial custody be deducted from the total sentence. 7. Right of appeal
Representation:	Ms Mayrella Cleven for the Crown Mr. Daniel Kwalai for the Defendant
Catchwords:
Words and phrases:
Legislation cited:	Penal Code (Amendment) (Sexual Offences) Act 2016 [cap 26] S 139 (1) (b)
Cases cited:	Mulele v DPP and Point v DPP [1985-1986] SILR 145, R v Ligiau & Dori [1985-1986] SILR 214

IN THE HIGH COURT OF SOLOMON ISLANDS
CRIMINAL JURISDICTION

Criminal Case No. 10 of 2022

REGINA

V

MICHAEL RAYIS

Date of Hearing: 30 March 2022
Date of Decision: 8 April 2022

Ms Mayrella Cleven for the Crown
Mr. Daniel Kwalai for the Defendant

Sentence

Bird PJ:

1. By information filed on the 17^th January 2022, the defendant Mr Michael Rayvis is hereby indicted with 2 counts of sexual intercourse- child under 15, contrary to section 139 (1) (b) of the Penal code (cap 26) as amended by the Penal Code (Amendment) (Sexual Offences) Act 2016 (hereinafter referred to as the ‘Act’). You were arraigned on the information on the 25^th March 2022 and you pleaded guilty to both charges. You were thereby convicted accordingly. You now appear before me for sentence.
2. I must tell you that the offence for which you are charged is serious and carries a maximum sentence of 15 years imprisonment. I am also inclined to say that this type of offending is becoming very prevalent in our various communities and it is of great concern for the courts. For your own knowledge and information, it is against the laws of this land for anyone to have a sexual relationship with a girl who is less than 18 years old. The legal age for consent is 18 years and even if a girl who is less than 18 years does consent to a sexual relationship with you, that consent is not a defence for you.
3. I now state the facts of your case. You and the complainant are both from Isabel Province. At the time of offending, the complainant was 13 years old. In 2021, she was a Grade 6 student at Bolitei Primary School.

In the month of August 2021, you and the complainant were in a boy-girl friend relationship. You arranged with the complainant that you would go and call for her at the Bolitei Primary School boarding house and she will come and meet you. Your usual meeting house was at Bontus’s house at Bolitei Village.
At about 3.00am in the month of September 2021, you met each other at a house at the village.
On an unknown date between 31^st August 2021 and 1^st October 2021, you met again at the same house. You had consensual sex with the complainant. You also met the complainant on two other occasions but you just talked.
The fifth time occurred on an unknown date in October 2021. You met the complainant again at the same house. You have consensual sex with her and you went and left her at the School’s boarding house.

4. Having stated the facts. I am now obliged to discuss the aggravating and mitigating features in order to assist me in the imposition of an appropriate sentence against you. Before going on any further, I would reiterate the comments of Chief Justice Ward in the case of Mulele v DPP and Point v DPP [1985-1986] SILR 145 whereby he stated that in sexual offences cases, the sentencing courts should take into account four factors. The factors included age disparity, abuse of position of trust subsequent pregnancy and character of the girl herself.
5. In your case, it was submitted by the prosecution that there is some age disparity therein. You were 18 years old at the material time and the complainant was 13. The age difference between you was one of 5 years. That age difference is not huge and I have noted that you were both very young then. It is further noted that there is no breach of trust involved and no pregnancy from your sexual relationship. I ‘am however minded about the character of the complainant. Even at the age of 13, she had maintained a sexual relationship with you. She willingly participated in the activities and even willing to make arrangements to meet up with you. I do not expect a girl of that age to be heavily involved in a sexual relationship with the opposite sex.
6. On your behalf it was submitted by your lawyer that you have pleaded guilty to the offence at first opportunity. I give you credit for your early guilty plea. Your guilty plea shows you are remorseful and that you have owned up to your offending and willing to face the consequences of your action. It saves the court’s time and resources from conducting a trial into the matter and it also save the complainant the stress and trauma in having to come to court to give evidence in a contested trial.
7. You are a young offender. You were only 18 at the time of offending and was a student. You were unable to complete your education because of this case. You are a very young person and your bright future was hampered. I only hope that you have learnt your lesson and will not reoffend in future. I have also noted that you are first offender without any previous conviction. Nonetheless, I also inclined to note the court’s view in the case of R v Ligiau & Dori [1985-1986] SILR 214 in which the court had stated that in sexual offences as a whole, and rape and attempted rape in particular, matters of mitigation personal to the offender must have less effect on the sentence than in most other serious crime.
8. I am told by your lawyer that you have co-operated with the police during investigation. That you were remanded in pre-trial custody since about 25^th September 2021 to this date and the court is urged to take into account that period in sentencing you. I am further told that you intend to complete your Form 5 studies. I would encourage you to do so whenever you have the opportunity to do so strive for your future and learn from this mistake.
9. It is noted that you had a intimate relationship with the complainant which had then led to this case. It must now be made absolutely clear to you that having an intimate and sexual relationship with a girl who is under 18 years old is prohibited by law. Any offender like yourself shall be prosecuted and punished according to law. This type of offending is becoming very prevalent within our communities and the courts are very concerned about the prevalence. There must be a clear message sent out that the courts will not tolerate and condone such offending. There must be more awareness made by responsible authorities within our various communities about such issues. It should not only be the court’s duty to address these issues. I do not think responsible authorities have done much in bringing the message to our communities about the changes and the extent of our criminal laws in the country.
10. After having heard and considered all the relevant circumstances in this case, I put your starting point at 2 years imprisonment on count 1. For the aggravating features, I increase that sentence by 1 year. For the mitigating features, I reduce the said sentence by 2 years. You therefore sentenced to 12 months imprisonment on count 1. For repetition of the same offence on count 2, I hereby impose a sentence of 14 months imprisonment. I direct that the sentences in counts 1 and 2 are to be served concurrently. I further direct that 6 months of the total sentence is suspended for 12 months.

Orders of the court

1. The defendant Michael Rayvis is convicted of 2 counts of sexual intercourse- child under 15, contrary to section 139 (1) (b) of the Penal code (cap 26) as amended by the Penal Code (Amendment) (Sexual Offences) Act 2016
2. Count 1- The defendant is sentenced to 12 months imprisonment.
3. Count 2 – The defendant is hereby sentenced to 14 months imprisonment
4. The sentences in count 1 and count 2 are to be served concurrently.
5. I direct that 6 months of the total sentence is suspended for 12 months.
6. I further direct that time spent in pre-trial custody be deducted from the total sentence.
7. Right of appeal

THE COURT
Justice Maelyn Bird
Puisne Judge