R v Mota [2023] SBHC 104; HCSI-CC 692 of 2019 (30 May 2023)

HIGH COURT OF SOLOMON ISLANDS

Case name:	R v Mota
Citation:
Date of decision:	30 May 2023
Parties:	Rex v Philip Mota
Date of hearing:
Court file number(s):	692 of 2019
Jurisdiction:	Criminal
Place of delivery:
Judge(s):	Maina; PJ
On appeal from:
Order:	The Accused Philip Mota is convicted on the charge.
Representation:	Zoze JW & Luza F for the Crown Ifuto’o B for 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. 692 of 2019

REX

V

PHILIP MOTA

Date of Judgment: 30 May 2023

Zoze JW & Luza F for the Crown
Ifuto’o B for Defence

JUDGMENT

Maina PJ:

Defendant Philip Mota was charged of sexual intercourse with Complainant Mary Festty, a child under 15 years contrary to section 139 (1) (a) of the Penal Code (Sexual Offences) Act 2016.

The defendant allegedly committed the offence on 14^th July 2019 and he pleaded not guilty to the charge.

Facts

The Complainant Mary Festty was born on 16 December 2005. At the time of the offence, she was 14 years old.

On 14 July 2019, the Complainant Mary Festty was sleeping with her cousins Dora and Rossie in Uncle George’s house at Mbokona Honiara.

As they were sleeping, the defendant came in the house at about 6 am, sat beside the complainant, held and had sexual intercourse. The defendant pushed his fingers in the complainant’s vagina.

The Issue

Whether the defendant had sexual intercourse with the complainant.

The Crown Case

The Crown’s evidences are from the complainant and two other witnesses.

Complainant said in her evidence that she sleeping with Dora and Rosi in Uncle George’s house at Mbokona when the defendant came in the house. He came and sat on her hip. Complainant felt him and she turned her body. The defendant tried to push his hand in or to her body to touch the breast.

Complainant struggled with the defendant but he shut her mouth with his hand. Defendant bit her at the right side of her neck. The defendant pushed his hand into her trousers and further pushed his fingers in and out in her vagina. She felt the fingers of the defendant when he pushed them in and out into her vagina.

Complainant felt pain, she pinched Dora, and she woke up and saw the defendant. Dora called Philip’s twice to come back but he ran away or escaped.

PW2 Dora Laki Sikonga testified in the court and stated that her father George went to work at that night and mother went down to Noro and she slept with Rosie and the complainant in the house. As they were sleeping, Complainant pinched her and she woke up and saw the defendant was sitting on Mary’s side and he held her mouth. Dora stated she was able to see the defendant as there was light (bulb) lighting in the house.

Dora told the defendant that she would tell he daddy about what he done in the house.

The witness said that later in the morning, the defendant and another boy Leinga came back to the house and defendant told them that he would pay some lollies for them.

The PW3 Dr Metolo Silas gave evidences and stated that she examined the victim on 27^th August 2019 and she found mild redness at the right lateral of the vaginal opening. In her opinion, the force of an object or finger into the vagina may cause this. I noted the doctor’s evidence but it was done about a month after the incident.

The record of interview with the Police on 8^th October 2019 was tendered in court and he did not deny that he went to the house. He said he went to the house at about 5 am and at the window, he called the victim she woke up. Defendant stated that he climbed on the window and went in the house.

The Defence Case

The defendant denied the allegation against him but he did not provide any evidence to support his denial as he decided to remain silent. Counsel for the defence in the final submission only reminded the court that the burden is on the prosecution and standard of proof is beyond reasonable doubt.

The Court

There is evidence that defendant came in the house through the window. He sat on the complainant’s hip. When she felt the defendant, she turned her body away but the defendant continued or tried to push his hand to her body to touch the breast.

The complainant struggled with the defendant but he shut her mouth with his hand and he bite at the right side of her neck. The defendant then pushed his hand into her trousers and pushed his fingers in and out in the vagina.

At that early morning, PW2 Dora saw the defendant in the house but he ran away when she called him.

With the evidences before the court, I am satisfied beyond reasonable doubt that the defendant had sexual intercourse with the complainant Mary Festty by pushing his fingers into her vagina.

The defendant is guilty and accordingly convicted on the charge of sexual intercourse with a child under 15 years contrary to section 139 (1) (a) of the Penal Code (Sexual Offences) Act 2016.

Order of the Court

The Accused Philip Mota is convicted on the charge.

THE COURT
Hon. Justice Leonard R Maina
Puisne Judge