R v Ikani [2023] SBHC 2; HCSI-CRC 367 of 2021 (15 March 2023)

HIGH COURT OF SOLOMON ISLANDS

Case name:	R v Ikani
Citation:
Date of decision:	15 March 2023
Parties:	Rex v Henry Ikani
Date of hearing:	22 February 2023 (Gizo Court Circuit) ,closing submission (30/03/2023)
Court file number(s):	367 of 2021
Jurisdiction:	Criminal
Place of delivery:
Judge(s):	Keniapisia; PJ
On appeal from:
Order:	I sentence you to 2 years and 1 month imprisonment, to act as deterrence for you and society. Pre-trial custody time will be deducted (if any).
Representation:	Mr Meioko for the Crown Mr Kwalai for the Defendant
Catchwords:
Words and phrases:
Legislation cited:	Constitution 1978, S10 (1)
Cases cited:

IN THE HIGH COURT OF SOLOMON ISLANDS
CRIMINAL JURISDICTION

Criminal case No. 367 of 2021

REX

V

HENRY IKANI

Date of Trial: 22 February 2023 (Gizo Court Circuit), closing submission (3/30/2023
Date of Decision: 15 March 2021

Mr Meioko for the Crown
Mr Kwalai for the Defendant

Keniapisia; PJ

CONVICTION AND SENTENCE

You pleaded guilty to the charge of having sexual intercourse with a girl under 15 years on 22/02/2023. The facts of your case are contained in a ruling I gave on a Newton hearing dated 24/02/2023. The facts determined at your Newton hearing shows that the victim is a willing participant. However, that is not a defence. Young girls under 15 years are protected from sexual defilement. Being a mature person, you should exercise responsibility.

For your case, I will put the starting point at 4 years, following closely from comparative sentencing cases for similar offending cited to me by Counsel. Age disparity, as an aggravating feature, will increase it to 5 years. I also consider that the victim came to give evidence in Court at Newton hearing, being subjected to intimidating Court environment and trauma. But then there are mitigating factors in your favour such as – early guilty plea, first-time offender with no previous conviction and delay – latter being a violation of your constitutional right under Section 10 (1) of the Constitution (right to fair hearing within a reasonable time). There was a delay of about 18 months. Committal from Court below on or around January/February 2020. Information by DPP filed in June 2021. Offence committed in October 2019. I will deduct 2 years and 11 months for delay.

Court will convict you for the charge of having sexual intercourse with a girl under 15 years on your entering of an early guilty plea, premised on agreed facts. I sentence you to 2 years and 1 month imprisonment, to act as deterrence for you and society. Pre-trial custody time will be deducted (if any).

THE COURT
JUSTICE JOHN A KENIAPISIA
PUISNE JUDGE