R v Habutu [2022] SBHC 98; HCSI-CRC 263 of 2020 (21 June 2022)

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Case name:	R v Habutu

Citation:

Date of decision:	21 June 2022

Parties:	Regina v Razel Habutu

Date of hearing:

Court file number(s):	263 of 2020

Jurisdiction:	Criminal

Place of delivery:

Judge(s):	Maina; PJ

On appeal from:

Order:	1. Defendant is sentenced to 3 years on each counts of the indecent assaults charges, 2. Defendant to serve consecutively the 3 years’ imprisonment of count one (1) and count four (4) – total 6 years 3. Counts 2 and 3 to be served concurrently to counts 1 and 4, 4. Time spent in the custody to be deducted for the sentence; 5. No further order

Representation:	Oligari D for the Crown Aupai S for the Defence

Catchwords:

Words and phrases:

Legislation cited:	Penal Code (Amendment) (Sexual Offences) Act 2016 [cap 26] S 139 (2) (a), S 140 (2) (a) and (b)

Cases cited:

You, Razel Habutu had pleaded guilty and convicted on three counts of indecent assaults of a child under 15 years contrary to section 139 (2) (a) of the Penal Code Cap 26 as amended by the Penal Code (Amendment) (Sexual Offences) Act 2016. You also pleaded guilty and convicted and one count of indecent assault under 18 years contrary to section 140 (2) (a) and (b) of the Penal Code Cap 26 as amended by the Penal Code (Amendment) (Sexual Offences) Act 2016.

The Defendant Razel Habutu aged 26 years old is the stepfather of the complainant’s Betty, Atisha and Camily (surname of the complainant’s withheld).

On an unknown date in the year 2017, while Atisha was sleeping on the same bed with her sister and the Defendant, he touched the top vagina of Atisha vagina who was sleeping on the bed. At that time, Betty was 6 years old.

Again, on an unknown date in the year 2019, the Defendant touched the top vagina of Betty who was sleeping on the same bed with her sister Atisha and the Defendant. At that time, Atisha was 9 years old.

On another occasion on unknown date in between 1^st and 31^st October 2019, the Defendant rubbed the top of Atisha’s vagina who was sleeping on the same bed with her sister Betty and the Defendant.

On an unknown date in October 2019, Camily was getting her baby sister’s thing from the Wind Valley. At that time, the Defendant exposed his penis and pulled Camily’s hand to touch his penis. Camily was 16 years old at that time.

The Maximum penalty for the offence under section 139 (2) (a) of the Penal Code Cap 26 as amended by the Penal Code (Amendment) (Sexual Offences) Act 2016 is 7 years’ imprisonment and section 140 (a) and (b) of the Penal Code Cap 26 as amended by the Penal Code (Amendment) (Sexual Offences) Act 2016 is 15 years’ imprisonment.

The Defendant is the first offender and he pleaded guilty at the earliest opportunity to the court.

One Victim was 6 years old, the other was 9 years old and the other Victim was 16 years old at the time of the offences. The Victims were the stepdaughters of the Defendant and his acts with these offences on his part were the abuse of trusts.

There is prevalence on this type of offence in our communities and the courts too have expressed the concern in the previous rulings on the commonness of these offences before the Court.

By the circumstance of the charges, starting point in the sentence for this case is three (3) year imprisonment.

With this case of the Defendant, credit for plead guilty at the earliest opportunity to the Court. I give credit on these and take into account in the sentence.

Interesting to note from the fact of the case that the Victims are the stepdaughters of the Defendant. Defendant had married or lived together with the Victim’s mother but he seems to want or like the three stepdaughters as shown by his acts, which resulted to the charges now against him.

It is noted, from aggravating factor the one victim was 6 years old, the other was 9 years old and another victim was 16 years old at the time of the offences. The Victims are the stepdaughters of the Defendant and his acts by touching their vagina and exposing his penis for Camily to touch as shameful and disgrace on him and on his part were the abuse of trusts. The age disparity of more the 10 years He should take care, look after the Victims, and provide for their needs.

Taking into account the facts, mitigation and aggravating factors, I am satisfied and sentence the Defendant to 3 years on each counts of the indecent assaults charges.

High Court of Solomon Islands

R v Habutu [2022] SBHC 98; HCSI-CRC 263 of 2020 (21 June 2022)