R v Riumana [2023] SBHC 69; HCSI-CRC 198 of 2021 (14 July 2023)

HIGH COURT OF SOLOMON ISLANDS

Case name:	R v Riumana
Citation:
Date of decision:	14 July 2023
Parties:	Rex v Riumana
Date of hearing:	10 July 2023
Court file number(s):	198 of 2021
Jurisdiction:	Criminal
Place of delivery:
Judge(s):	Keniapisia; PJ
On appeal from:
Order:	Court will impose 7 years custodial sentence to act as deterrence for you and like-minded offenders, placed in your shoes (male adult in a position of trust to the young vulnerable female victim). The 7 years will start to run from 23/06/2023. Please come out a rehabilitated person.
Representation:	Ms Mono and Mrs Waisanau for the Crown Mr Harunari for the Defendant
Catchwords:
Words and phrases:
Legislation cited:	Penal Code (Amendment) (Sexual Offences) Act 2016 S 140 (1) (a) and (b)[cap 26]
Cases cited:	R v Liufirara [2023] SBCA 10,

IN THE HIGH COURT OF SOLOMON ISLANDS
CRIMINAL JURISDICTION

Criminal Case No. 198 of 2021

REX

V

RIUMANA

Date of Hearing: 10 July 2023
Date of Sentence: 14 July 2023

Ms Mono and Mrs Waisanau for the Crown
Mr Harunari for the Defendant

Sentence

Introduction

1. Mr Riumana, on the 23/06/2023, I convicted you on the charge of sexual intercourse or indecent act, with a child under 18 years contrary to Section 140 (1) (a) and (b) of the Penal Code Act (Cap 26) as amended by the Penal Code (Amendment) (Sexual Offences) Act 2016 (No. 3 of 2016) – hereafter called the Penal Code Amendment Act 2016 (“PCAA 2016”).
2. What I consider to be the most serious facts about your offending are:-
   • (i) The victim was under the consenting age of 16 years – she was 15 years and 7 months old.
   • (ii) You are in a position of trust to the victim. In the guilty verdict, I referred to you as her father in custom. In English you are her uncle.
   • (iii) The offence you are convicted of is considered contrary to community standards of decency and was/is prevalent in this country by male relatives on their women and girls relatives triggering the PCAA 2016 reform. You have robbed a very young girl, your daughter (niece) of her decency, dignity and virginity. This immoral robbery will impact her depressingly for the rest of her life. I heard evidence that she was ashamed when the nude pictures came out for public consumption in year 2020.
3. Sexual intercourse with a young girl is tantamount to intrusion into the sanctuary of the virginity and dignity of the victim (Talin), who is your own relative (niece). In custom, or law or in the Christian faith, it is considered an act of indecency for an uncle to have sexual intercourse with his own niece.

Parliament took a strong stand to protect women and girls against domestic sexual abuse in the PCAA 2016

4. The people of this country through their parliament have strongly condemned this kind of sexual offending by men in position of trust on their vulnerable and weak young girls’ relatives by prescribing a hefty punishment of 15 years^[1] maximum. You should know that what you did to your niece was wrong, unacceptable and indecent in custom, law and or ecclesiastical. Parliament took a decisive strong stand against the prevalence of sexual offending by the enactment of the PCAA 2016. The PCAA 2016 introduced new offences and increased the punishment for others. Parliament was responding to a prevalent crime on women and girls (who are mostly weak and vulnerable), by their male relatives exerting sexual desires on their female relatives. But it seems High Court is not taking serious attention by imposing lenient sentences for sexual offending under the PCAA 2016. At the last sitting, Court of Appeal urged upon this Court to impose higher sentences for sexual offending under the PCAA 2016. One way to achieve that is to use the sentencing guidelines set by the Court of Appeal in cases such as (Pana 2013). I will use Pana and not comparative High Court sentencing precedents because High Court has been imposing very lenient sentences. That to me is not paying attention to a serious societal issue parliament legislate for in the PCAA 2016 (issue of non – protection or inadequate protection of women and girls). Court of Appeal was concerned about High Court’s lenient sentencing attitude referring to it as “manifestly inadequate sentences for sexual offending ...” (Rex v Liufirara [2023] Criminal Appeal Case No. 30 of 2023, (28^th April 2023), at paragraph 5.

Starting point sentence

5. Crown says the starting point sentence according to Pana should be 8 years. Defence says Pana should be distinguished because it was very serious, the victim being very young (around 3 years of age) and transmission of gonorrhoea. I agree with defence counsel. I also take into account that the maximum penalty for this offence is 15 years and not life imprisonment like in Pana. So I will set the starting point at 5 years. Five years is one of three possible starting points in Pana (5, 8 and 15 years).

Aggravating factors

6. There are very serious aggravating factors such as – (a) young age of the victim; (b) disparity of age (victim going 16 years and you are about 46 years, age disparity of about 27 years); (c) breach of position of trust (you were victim’s father/uncle); (d) vulnerability of the victim (she came out to you in the bush thinking that you as her uncle called her out for something important); (e) threat from presence of a knife and (f) psychological/emotional harm. I will inflate the starting point sentence to 10 years for these 6 very serious aggravating features.

Mitigating factors

7. But then there are mitigating features in your favour. There is one only being a first time offender with no previous conviction. I will deduct 3 years for this. And sentenced you to 7 years custodial sentence. Your sentence term will run from 23.06.2023. This is the day you were placed in custody following your guilty verdict, awaiting this sentence.

Conclusion and Orders

8. Court will impose 7 years custodial sentence to act as deterrence for you and like-minded offenders, placed in your shoes (male adult in a position of trust to the young vulnerable female victim). The 7 years will start to run from 23/06/2023. Please come out a rehabilitated person.

THE COURT
JUSTICE JOHN A KENIAPISIA
PUISNE JUDGE

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^[1] Section 140 (1) of the PCAA 2016