R v Ngiri [2023] SBHC 30; HCSI-CRC 15 of 2021 (17 March 2023)

HIGH COURT OF SOLOMON ISLANDS

Case name:	R v Ngiri
Citation:
Date of decision:	15 of 2021
Parties:	Rex v Alphie Ngiri
Date of hearing:	14 March 2023
Court file number(s):	15 of 2021
Jurisdiction:	Criminal
Place of delivery:
Judge(s):	Maina; PJ
On appeal from:
Order:	1. Accused is sentence to 4 years imprisonment. 2. Time spent in custody to deducted from this sentence 3. No further orders
Representation:	Tabepuda P for the Crown Bosa A for the Defence
Catchwords:
Words and phrases:
Legislation cited:	Penal Code (Amendment) (Sexual Offences) Act 2016 S 139 (1) (a) and (b) [cap 26]
Cases cited:

IN THE HIGH COURT OF SOLOMON ISLANDS
CRIMINAL JURISDICTION

Criminal Case No. 15 of 2021

REX

V

ALPHIE NGIRI

Kira Kira Court Circuit

Date of Hearing: 14 March 2023
Date of Sentencing: 17 March 2023

Tabepuda P for the Crown
Bosa A for the Defence

SENTENCE

Maina PJ:

You, accused Alphie Ngiri had pleaded guilty and convicted on the charge of rape contrary to section 139 (1) (a) and (b) of the Penal Code. Cap 26 (Amendment) (Sexual Offences Act 2016.

You are now before me to be sentence for the offence.

Facts

On November 2, 2018, before the commencement of Sogotiwa Community High School Speech Day program, the Complainant had lied that the Defendant entered girl’s school dormitory. She said the girls at the dormitory reported to the boys and they held him there and beat him up.

On that day, the Complainant also took part at the speech day and when the official program finished at around 5pm and 6pm, she went with one Angelina Sauga to seaside to urinate.

On their way to the seaside, they unexpectedly met the Defendant on the roadside. Defendant grabbed the Complainant’s left hand with his left hand and forced her to follow him.

Angelina who was with the complainant held on her right hand and tried to pull the Complainant away from the Defendant. As they pulled the complainant between each other, the Defendant threatened Angelina to let go the Complainant’s hand. Angelina was scared otherwise he may hurt her and so she released the Complainant’s hand.

The Defendant pulled the Complainant along the road and then to the other side of a river. Complainant was afraid and cried as the defendant held her breast with his right hand and said, “Ota nice susu ufala hidden ia nao lo hia ia”.

When the defendant did this to the Complainant, she felt his strong penis touching her body. He forced the Complainant to sit down. She cried and afraid as the Defendant was armed with a kitchen knife.

The Defendant undressed the complainant and then undressed himself, forced the Complainant to lay on the ground and to face up. Defendant held the Complainant’s breast and then pushed his erected penis into the Complainant’s vagina.

Complainant felt pain in her vagina when the Defendant had sexual intercourse with her. He told the Complainant that it felt so nice to him and they must marry. After the Complainant felt wet at her vagina and thighs. Defendant got up from her and dressed up and he gave the Complainant’s clothes to wear. The Complainant got up, wiped herself and wore her clothes.

After the sexual intercourse they sat down and complainant saw a light from torch shining towards their direction. Complainant knew that it must be the students from her school and were looking for her. She wanted to shout to them but the Defendant threatened to cut her with the knife if she shouted. After the students left, they walked and she went back to the school.

When the Complainant arrived back at the school, she immediately told Daelyn Taro about what had happened to her when the Defendant took, threatened, and had sexual intercourse with her.

The Defendant was later arrested and charged for the offence of Rape, on 31^st May 2019.

The Penalty

For the offence of rape under section 139 (1) (a) and (b) of the Penal Code. Cap 26 (Amendment) (Sexual Offences Act 2016, the maximum penalty is life imprisonment.

The starting point

Five years imprisonment is the starting point for rape offence and it applies to this defendant.

Submissions

Crown counsel submitted to the court the aggravating features in the case includes threat with a knife, use of physical force, premeditated offence and incident committed at the night.

Crown acknowledged early guilty plea and first offender as mitigating factors.

Crown counsel asked the court to impose sentence that would require the needs for general deterrence, specific deterrence and defendant prospects of rehabilitation.

Defence counsel submitted that the court must take into account the accused’s early guilty plea, being the first offender, his personal circumstance being a Form 2 leaver, single and relies on farming as his unstable source of income.

Defence further submit the Defendant was not happy with the victim on what she had done to him and that was why he commit the offence against her.

The Court

On the Defendant’s response to what the victim had done to him I think his act of raping the complainant was not the right thing to do. It is unwarranted or unjustifiable act thus taking law into his hands.

I take into account in this sentence, the early guilty plea and the first offender in the sentence.

What makes this offence serious is that the accused was armed with a kitchen knife or the accused committed the offence with violence.

Taking into account the facts, delay of the case and the submissions by the counsels with references to case laws on the sentences of rape, I am satisfied that the appropriate sentence for this accused is 4 years imprisonment.

Order of the court

1. Accused is sentence to 4 years imprisonment.
2. Time spent in custody to deducted from this sentence
3. No further orders

THE COURT
Hon. Justice Leonard R Maina
Puisne Judge