R v Pweka [2023] SBHC 68; HCSI-CRC 471 of 2021 (30 June 2023)

HIGH COURT OF SOLOMON ISLANDS

Case name:	R v Pweka
Citation:
Date of decision:	30 June 2023
Parties:	Regina v John Reggae Pweka
Date of hearing:
Court file number(s):	471 of 2021
Jurisdiction:	Criminal
Place of delivery:
Judge(s):	Maina; PJ
On appeal from:
Order:	1. The defendant John Reggae Pweka is sentence to 6 years imprisonment. 2. Any time in custody to be deducted from this sentence 3. No further orders.
Representation:	Tabepuda (Waisanau) P & Zoze JW for the Crown Houa D for the Defence
Catchwords:
Words and phrases:
Legislation cited:	Penal Code (Amendment) (Sexual Offences) Act 2016 S 139 (1) (a)
Cases cited:	Kyio v Reginam [2004] SBHC 90, Pana v Regina [2013] SBCA 19

IN THE HIGH COURT OF SOLOMON ISLANDS
CRIMINAL JURISDICTION

Criminal Case No. 471 of 2021

REGINA

V

JOHN REGGAE PWEKA

Lata, Circuit, Temotu Province

Date of Sentence: 30 June 2023

Tabepuda (Waisanau) P & Zoze JW for the Crown
Houa D for the Defence

Sentence

Maina PJ:

Defendant John Reggae Pweka was found guilty and convicted at the trail on the charge sexual intercourse with a child under 15 years contrary to section 139 (1) (a) of the Penal Code (Sexual Offences) Act 2016.

Brief Facts

On 21^st July 2020, the complainant Serah Itabu who was 9 years old and Patricia Lonita of Namaluli settlement Santa Cruz Tomotu Province went to refill water from a tank at Hon Commins Mwea’s house. The house was closed to the road.

On arrived at the water tank, the complainant went to pick the korokua leaf at the area when the Defendant came and talked to her. The Defendant told the complainant for him and her to go to the bush and pick the betel nut and korokua. Complainant went with the defendant to the bush went Patricia came back home by herself.

At the bush, the defendant pulled down the complainant’s trousers and he pulled out his balls (penis) and showed it to the complainant.

Defendant then held the complainant and pushed his finger into the complainant’s mimi (vagina) and it was pain to her.

Patricia disturbed the defendant when she came and shouted to them. The defendant then stood up from the complainant.

The Starting Point

It is now obvious from the decisions of this court and Court of Appeal and that the starting point for the sentence of the offence is 5 years.

Mitigating and Aggravating Circumstances

For the mitigation, the accused is the first offender and the defence counsel submits that the court should also take into account the age of the defendant who is about 30 years old and he after 5 children and 3 of them are attending the school and he look after them.

Certainly being the first offender or no previous conviction the court is oblige to take into account in this sentence otherwise the others cannot be so unless on exceptional circumstances. However, there is no such circumstance provided to the court by the defence. His Lordship Palmer CJ in the case Frank Kyio^[1] stated:

"Any form of incarceration will always cause hardship on his family members. The personal circumstances of the appellant enumerated before me are not unique or perculiar to him. It had always been said that these are the consequences he should have thought of before committing the offence".

For the aggravating features, they are age disparity the complainant was 9 years old and defendant was about 30 years and an abuse of trust as an elder in the settlement.

It has been stressed by this Court and Court of Appeal in a lot of cases that the purpose of the Penal Code (Sexual Offences) Act 2016 was partial to response to increase penalties because the increase of such offence and the need to impose deterrence sentences. The Court of Appeal case Pana v Regina^[2] acknowledges the judge’s position and reference to this concern.

With this principles and guidelines the court are to impose tough sentence that is deter the defendant and deterrence to the general public.

I take into account in this sentence that the defendant is the first offender and credit to him. The complainant was a child and defendant was a person of about 30 years old and cruelly abuse the girl. Such is serious with the pushing of the finger into a child’s vagina and pain to her.

Taking into account and consider of the mitigating and aggravating Circumstances of the defendant the appropriate for the defendant in this case 6 years imprisonment.

Orders of the Court

1. The defendant John Reggae Pweka is sentence to 6 years imprisonment.
2. Any time in custody to be deducted from this sentence
3. No further orders.

THE COURT
Hon. Justice Leonard R Maina
Puisne Judge

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^[1] Crim Appeal No. 259 of 2004
^[2] [2013] SBCA 19; SICOA-CRAC 13 of 2013 (8 November 2013)