R v Siale [2023] SBHC 16; HCSI-CRC 584 of 2022 (24 February 2023)

HIGH COURT OF SOLOMON ISLANDS

Case name:	R v Siale
Citation:
Date of decision:	24 February 2023
Parties:	Rex v Fred Siale
Date of hearing:	22 February 2023 (Gizo Circuit February 2023)
Court file number(s):	584 of 2022
Jurisdiction:	Criminal
Place of delivery:
Judge(s):	Keniapisia; PJ
On appeal from:
Order:	I will sentence you to 1-year imprisonment. Time spent in pre-trial custody to be deducted from your 1-year sentence. These are the reasons for the orders on guilt and imprisonment sentence I pronounced soon after trial on 22/02/2023.
Representation:	Mr Meioko for the Crown Mr Kwalai and Ms Aisa for the Defendant
Catchwords:
Words and phrases:
Legislation cited:
Cases cited:

IN THE HIGH COURT OF SOLOMON ISLANDS
CRIMINAL JURISDICTION

Criminal Case No. 584 of 2022

REX

V

FRED SIALE

Date of Trial: 22 February 2023 (Gizo Circuit February 2023)
Date of Sentence: 24 February 2023

Mr. Meioko for the Crown
Mr Kwalai and Ms Aisa for the Defendant

Keniapisia; PJ

CONVICTION AND SENTENCE

1. Trial commenced at 9:30 am, at Gizo. Defendant pleaded guilty to the 2 counts of having sexual intercourse (penetration) with a child, under 15 years old at time of offending. The child was a willing participant at the 2 occasions of sexual intercourse, for which the defendant was charged. But consenting child is not a defence. The sexual offence amendment law in 2016 was meant to protect the virginity and dignity of female children under the age of 15 years. Facts showed a consensus repeated sexual intercourse offending (penetration) on 2 separate occasions at Suantali Village, on Vella la Vella, Western Province.
2. Counsel have alerted me to various sentencing guidelines and options for similar offending in the past. But the appropriate sentence can only be determined on the circumstances and merit of this case alone. I read one Court of Appeal case which the prosecutor relied on to suggest that the starting point sentence for this kind of offending is 8 years. On the other hand, other cases cited as authorities put the starting point sentences at 4/5 years. I will go for the starting point of 4 years. I have to consider the difference of facts in this case and the case like Pana, where the Court of Appeal noted, the facts were most exceptional because – victim was only a 3 years old girl; was a defilement case; defendant transmitted gonorrhoea to the small girl during sexual penetration; position of trust (defendant uncle of the victim); high visibility of emotional and psychological impact on the child (could not speak in Court making the defendant to change plea to guilty) and huge age disparity (3 years old girl and her uncle a married man of 35 years). And so, the starting point was set higher at 8 years. Other cases cited with less exceptional circumstances and where the victim was a willing participant or in a love relationship the starting point is 4/5 years.
3. In this case, you were not in a position of trust to the victim. The victim was a willing participant to the offending. But you should as an adult with your age disparity (you 23 and victim 14) act with maturity and responsibility not to engage in an unlawful sexual act with a girl under 15 years. Virginity and dignity are valued by society for young girls below the age of consenting (15 years). There is no subsequent pregnancy. And character of the victim, is such that she was a willing participant to the offending. Again I will put the starting point in this case at 4 years.
4. One aggravating feature I found against you is age disparity. You were older (23) than the victim (14), a gap of 9 years at time of offending. As an adult you should be careful not to engage in sexual affairs to damage the virginity and dignity of the female child. For this aggravating feature, I add 1 year to the starting point of 4 years (5 years).
5. But then there are also mitigating features, in your favour. The most important ones I noted are : (i) you pleaded guilty early demonstrating remorse, realisation of the wrong you did, saves the child from going through trauma in court if she were to give evidence and additionally saves Court time and resources and (ii) you are a first time offender, a young man and you are a church goer. I give you credit and allow 4 years deduction. I will then send you to 1-year imprisonment for the 2 counts (6 months each count). I will not suspend that sentence, because I am mindful of the prevalence of this kind of offence and the need for a deterrence, on yourself and society at large.
6. You are a church man. And I hope while in the correctional centre, you will learn a lesson and be rehabilitated to become a responsible young man, when you will be released back into the community.
7. Court found you guilty of the 2 charges on your early guilty plea premised on agreed facts. I will sentence you to 1-year imprisonment. Time spent in pre-trial custody to be deducted from your 1-year sentence. These are the reasons for the orders on guilt and imprisonment sentence I pronounced soon after trial on 22/02/2023.

THE COURT
JUSTICE JOHN A KENIAPISIA
PUISNE JUDGE