R v Mae [2023] SBHC 11; HCSI-CRC 17 of 2023 (21 April 2023)

HIGH COURT OF SOLOMON ISLANDS

Case name:	R v Mae
Citation:
Date of decision:	21 April 2023
Parties:	Rex v Wilson Mae
Date of hearing:	11 April 2023
Court file number(s):	17 of 2023
Jurisdiction:	Criminal
Place of delivery:
Judge(s):	Keniapisia; J
On appeal from:
Order:	I sentence you to 4 years imprisonment to show society’s disapproval to sexual abuse of young girls and to act as deterrence for you and like-minded offenders. Pre-trial custody entitlement (if any) will be deducted. Please come out a rehabilitated person.
Representation:	Ms Rehomora for the Crown Mr Kwalai for the Defendant
Catchwords:
Words and phrases:
Legislation cited:	Penal Code (Amendment (Sexual Offences) Act 2016 S 140 (1) and (2), S 142 (2) [cap 26]
Cases cited:

IN THE HIGH COURT OF SOLOMON ISLANDS
CRIMINAL JURISDICTION

Criminal Case No. 17 of 2023

REX

V

WILSON MAE

Date of Hearing: 11 April 2023
Date of Sentence: 21 April 2023

Ms Rehomora for the Crown
Mr Kwalai for the Defendant

CONVICTION AND SENTENCE

Introduction

1. By amended information filed on 6/04/2023, the defendant was charged for persistent sexual intercourse/abuse with a child (female) who was at least 15 years, but under 18 years contrary to Section 140 (1) and (2) and Section 142 (2) of the Penal Code (Cap 26) as amended by the Penal Code (Amendment) (Sexual Offences) Act 2016. It is alleged that on four separate occasions the defendant engaged in sexual intercourse acts of vaginal licking, vaginal finger insertion and penis penetration of the victim’s vagina.
2. Court arraigned the defendant on the four incidences of repeated sexual offending alleged and the defendant entered an early guilty plea to all four-offending premised on summary of agreed facts. Court then proceeded to sentencing submissions.
3. Court will adopt the summary of agreed facts as follows: -

The information

1. The defendant is indicted on an information on the following:-
   • (a) Persistent sexual abuse of child contrary to Section 142 (2), Section 140 (1) and Section 140 (2) of the Penal Code Act (Cap 26) as amended by the Penal Code (Amendment) (Sexual offences) Act 2016.

Background

2. The defendant Wilson Mae is from Tawaiabu Village, Arosi 2, Makira Province. He was 48 years old at the time of the alleged offending.
3. The complainant is Anna Falu. She was 15 years old at the time of the offending.
4. The defendant is married to the complainant’s aunt; hence he is her uncle.
5. The alleged incidents occurred on four separate occasions on unknown dates between 1 June 2020 and 30^th November 2020.

The offending.
Incident 1: At the Defendant’s house after school.

6. This incident occurred on an unknown date between 1^st June 2020 and 30^th November 2020.
7. The defendant was sitting underneath a mango tree at their house when the complainant came back from school and sat beside him.
8. The complainant asked where the defendant’s wife was and he said that she went to sell somethings and will return around 8:00 – 9:00 pm.
9. They were joking around and then the defendant asked the complainant if she was feeling ok and she said yes. Then defendant said that he wanted to hold her breasts.
10. The complainant then asked the defendant about who was in their house and where are his children? The defendant said the children have gone to the playing field.
11. The complainant went into the house but the defendant went at the back of the house to take a piss and then he went into the house following the complainant.
12. The defendant went into the house and sat down while the complainant was standing.
13. The complainant sat down then the defendant asked her to have sex with her but she said “no”. The complainant lied down and told the defendant to lick her vagina.
14. The defendant licked her vagina and asked her to have sex with him but she said no because her boyfriend will be angry.
15. The defendant licked the complainant’s vagina and ejaculated then went outside afterwards.

Incident 2: Licked her vagina and pushed his finger into her vagina.

16. This incident occurred on an unknown date between 1^st June 2020 and 30^th November 2020 different to the date in incident 1.
17. The defendant was watching movies on his portable movie player.
18. At the time, the complainant came up to the defendant’s house and asked if the defendant was watching movies and she said that she wanted to watch movies.
19. They watched movies and then the defendant turned off the movie.
20. The defendant told the complainant that he would like to lick her vagina.
21. The complainant laid down on the bed and then the defendant licked her vagina. The defendant asked her to have penile penetration but she said “no” so he just licked her vagina and pushed his two fingers into her vagina.

Incident 3: Licked her vagina and pushed his fingers into her vagina and penal penetration.

22. This incident occurred on an unknown date between June 1 2020 and November 30, 2020 different to the dates in incidents 1 and 2.
23. At the time, the complainant came back from school and took her bath at the water supply. After that, she returned to her house and then she came to the defendant’s house.
24. The complainant came to the defendant’s house and ate then she returned to her house.
25. After that, the defendant went to his wife who was marketing at Market area. He returned home around 8:00 – 9:00 pm. At that time, the complainant was sitting at the defendant’s house.
26. The defendant called his son Junior but he was asleep.
27. The complainant answered and said that Junior was already asleep.
28. The defendant asked the complainant who she was living with at her house and she said that her sisters but they had left to buy smokes.
29. So, the defendant and the complainant sat down together and waited for her sisters.
30. She said that she wanted to go and meet her boyfriend. So, they went to the cassava gardens. There the complainant laid down then the defendant licked her vagina and pushed his fingers into her vagina.
31. The defendant asked the complainant to engage in penile penetration and she said that it’s ok, so the defendant inserted his penis into her vagina.
32. After that, they both went back to the defendant’s house then the complainant left for her house.

Incident 4: Incident act occurred at a wake.

33. This incident occurred on an unknown date between 1^st June 2020 and 30^th November 2020, different to the dates in incidents 1, 2 and 3.
34. On the night of the wake, the defendant’s wife and complainant’s mother went to attend the wake at Mbokona.
35. That night the complainant went to the defendant’s house and called for the defendant so the defendant went out and opened the door.
36. The complainant said that she was on her way to meet her boyfriend.
37. She said that she will return and knock on their door.
38. She returned at around 2:00 am and knocked on the door and the defendant opened the door.
39. Both of them sat down outside the defendant’s house then he held her breasts which she allowed him to. The complainant said that she will sleep at the defendant’s house so she went and slept with the defendant’s daughters.
4. The offence(s) for which the defendant is charged are serious, having a maximum penalty ranging from 5 years to 15 years to life imprisonment. The defendant is related to the victim because the defendant is married to the victim’s aunt (victim’s mother is the sister of defendant’s wife). I will put the starting point sentence here at 6 years. This offending though not accepted is not at the higher scale or not highly exceptional and the victim was a willing participant. I will add 4 years (10) because of the presence of aggravating factors such as – age disparity (defendant (48) and victim (15)), young age victim, position of trust (defendant is victim’s uncle), offending took place at defendant’s home (should be a safe haven for the victim – her uncle’s house) and repetitive offending (4 times).
5. But then there are also mitigating factors such as – early guilty plea and no previous conviction. Early guilty plea means victim is not subjected to the trauma of standing trial, the defendant acknowledged the wrong he did or is remorseful and it cuts down on court trial time. There must be deductions for these positive aspects of the early guilty plea. I deduct 4 years (6). I deduct another 2 years for no previous conviction. And sentenced the defendant to 4 years imprisonment. Although I noted that this was a consensual sexual offending, but the defendant was placed in a position of trust and should have cared for the young girl and not ruin her dignity. And that dignity ruining is repetitive. Defendant should be very much like a father to the victim in custom. The victim was coming to the defendant’s house because it was her aunt’s house (mother in custom). The accused instead of giving care to the victim (his daughter in custom) allowed his sexual desires to take control of him and fell in love with the victim. Being the adult of the two defendant was expected to act more responsibly and caring.

Conclusion and Orders

6. In the final analysis Mr Mae, I convict you as charged of persistent sexual abuse of a child on the basis of your early guilty plea premised on agreed facts. I sentence you to 4 years imprisonment to show society’s disapproval to sexual abuse of young girls and to act as deterrence for you and like-minded offenders. Pre-trial custody entitlement (if any) will be deducted. Please come out a rehabilitated person.

THE COURT
JUSTICE JOHN A KENIAPISIA
PUISNE JUDGE