R v Sinatau [2023] SBHC 31; HCSI-CRC 39 of 2023 (17 March 2023)

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Case name:	R v Sinatau

Citation:

Date of decision:	17 March 2023

Parties:	Rex v Tony Sinatau

Date of hearing:	16 March 2023

Court file number(s):	39 of 2023

Jurisdiction:	Criminal

Place of delivery:

Judge(s):	Maina, PJ

On appeal from:

Order:	1.Count 1 - Six (6) years imprisonment 2.Count 2-Six (6) years imprisonment 3. Sentence on counts 1 and 2 to be served concurrently. 4. Time in custody to be deducted from the sentence 5. No further order

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)[cap 26],S 139 (1) (a) and (b)

Cases cited:

Accused Mr Tony Sinatau is charged on two counts of sexual intercourse child under 15 years - contrary to section 139 (1) (a) of the Penal Code. Cap 26 (Amendment) (Sexual Offences Act 2016.

You pleaded guilty on the two charge and accordingly upon own plea convicted on the charges.

On the morning of 26^th July 2022, the Complainants are Almina Maesua age 10 years (at the time of offending) and Susie Suarairamo age 10 years (at the time of offending) from Waita Village, Arosi 1, Makira Ulawa Province followed Ms Jerolyn Ru’uringe who is Almina’s mother to their garden at Aupare Riverside.

Both Complainants paddled the canoe up the Aupare Riverside and they went ashore at the riverbank to collect the bunch of bananas as told to them by Jerolyn Ru’uringe.

The Defendant appeared and assisted Almina to carry the banana bunch over to the canoe at the riverbank. As the Defendant was ready to leave the riverbank the Complainants mocked him and called him a name “Tabagali” which was very insulting to him. The Defendant got angry returned and pulled up their canoes to the shore.

Defendant then held a stick in his hand and forced them to follow him to the bush. He told the Complainants, “Utufala kam up lo hia, if utufla no follom mi bae mi kilim utufala”. The Complainants were very afraid but they just followed the Defendant to the bush. They went and sat on a log.

Defendant told them to widen their legs and as the complainants were afraid of the Defendant, they just did as he instructed them.

Defendant licked Almina’s vagina several times and used his right-hand pointed finger to play with and touches her vagina.

The Defendant moved over to the second Complainant Ms Susie Suarairamo and did the same to her. He licked her vagina several times and playing with her vagina using his fingers. Susie told the Defendant that she did not liked it but he continued to lick her vagina. She kept quite as she was afraid of him.

The Defendant then ordered Almina to move further into the bush and laid her down on the dry leaves. Defendant inserts his penis into her vagina and had sexual intercourse with her. It was painful to her but she kept quite because of Defendant threatened her. After Defendant had sexual intercourse with her, the Defendant told the two Complainants to lies and tell Jerolyn (Almina’s Mother) that they were only playing with the prawns in the water. Almina cried, went to her mother and reported the incident.

The matter was reported to Kirakira Police and the Defendant was arrested on 3^rd August 2022 and placed in lawful custody.

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 aggravating factors is the disparity of age with the accused of 40 years and the age of the victims were 10 years, the act of the defendant on both victims at the present of each other and further sexual intercourse in the bush with Almina.

The mitigating features are the accused is the first offender, early plea of guilty.

I noted from the defence submission that accused rather did this in retaliation to the family but if that is the reason then such is far to be mitigating factor rather is taking law into your hands.

Credit for plea of guilty at the first appearance and being the first offender and certainly will be taken into account in the sentence.

The type of offences is abuse and in particular to the children and becoming common in our villages, communities, islands provinces and the beloved country Solomon Islands. Any sentence to be imposed by the court must be deterrent to the offender and generally to the public.

Upon considering the factors, mitigation, aggravating factors, I am satisfied that the accused deserve a sentence that is deterrent to him. I think the appropriate sentence is 6 years on each charge.

High Court of Solomon Islands

R v Sinatau [2023] SBHC 31; HCSI-CRC 39 of 2023 (17 March 2023)