R v Bubugali [2023] SBHC 83; HCSI-CRC 424 of 2020 (24 August 2023)

HIGH COURT OF SOLOMON ISLANDS

Case name:	R v Bubugali
Citation:
Date of decision:	24 August 2023
Parties:	Rex v Matthew Bubugali
Date of hearing:
Court file number(s):	424 of 2020
Jurisdiction:	Criminal
Place of delivery:
Judge(s):	Maina; PJ
On appeal from:
Order:	(i) Mr. Matthew Bubugali is imprisoned to 4 years imprisonment, (ii) The time spent in custody with this case to be deducted from the sentence, (iii) No further orders
Representation:	Oligari for the Crown Manebosa SR for the Defence
Catchwords:
Words and phrases:
Legislation cited:	Penal Code (Amendment) (Sexual Offence) Act 2016 S 163 F (1) (a)(b)
Cases cited:

IN THE HIGH COURT OF SOLOMON ISLANDS
CRIMINAL JURISDICTION

Criminal Case No. 424 of 2020

REX

V

MATTHEW BUBUGALI

Date of Sentence: 24 August 2023

Oligari D B for the Crown
Manebosa SR for the Defence

SENTENCE

Maina PJ:

1. The court has found you, Mr. Matthew Bubugali guilty and convicted you on the offence of rape contrary to section 163F (1) (a) (b) of the Penal Code (Sexual Offences) Act 2016.

Facts

2. Defendant is from Makaruka Village, East Guadalcanal and is now 32 years old, the victim is Virgina Luaverana from Makaruka Village, East Guadalcanal, and she was 19 years old at the time of the offence.
3. On the 7^th May 2020 at the between Komuboli and Chuve village, East Guadalcanal at around 4am -6am, the defendant raped the complainant.

Maximum Penalty

4. The maximum penalty for the offence of rape is liable to imprisonment for life.

Starting Point

5. The starting point for rape offences has been settled by the courts in this jurisdiction for 5 – 8 years imprisonment.
6. Defence counsel submits that the court to take into account that threat with a knife by the accused was verbal, victim had lured him to the bush, no injury, age disparity of 13 years, victim an adult person and not a relative.
7. Crown counsel submits the threat to use knife as a serious aggravating factor. She stressed the prevalence of the kind of cases in our communities. Women and children must be protected and the court must consider imposing deterrence sentences to this accused and to send the message to whoever want to involve in this type of activities.

Mitigating and Aggravating Factors,

8. For mitigating factors, the defendant is a first offender and at early age of his life. He regretted what he had done to the victim. The court to take into account the delay of the case in the sentence.
9. For the aggravating factor, it is the threat to use the knife to her if she refused.
10. Both counsel made references to the cases decided in this jurisdiction on the sentence and I noted the cases.
11. Upon taking into account the facts of the case, the mitigation and aggravation factors, the prevalence of the kind of cases in our communities and the need to impose the deterrence sentences on these type of offences. It is my view that you deserve an imprisonment for 4 years.

Orders of the Court

(i) Mr. Matthew Bubugali is imprisoned to 4 years imprisonment,
(ii) The time spent in custody with this case to be deducted from the sentence,
(iii) No further orders

THE COURT
Hon. Justice Leonard R. Maina
Puisne Judge