R v Sime [2025] SBHC 122; HCSI-CRC 176 of 2019 (7 March 2025)

HIGH COURT OF SOLOMON ISLANDS

Case name:	R v Sime
Citation:
Date of decision:	7 March 2025
Parties:	Rex v James Sime
Date of hearing:	28 February 2025
Court file number(s):	176 of 2019
Jurisdiction:	Criminal
Place of delivery:
Judge(s):	Keniapisia; PJ
On appeal from:
Order:	(i) Defendant found guilty of the charge of rape, premised on his guilty plea. (ii) Defendant is sentenced to 6 years imprisonment. (iii) Defendant will be released at the rising of the Court on 28/O2/2025.
Representation:	Ms Rehomora for the Crown Mr Waroka for the Defendant
Catchwords:
Words and phrases:
Legislation cited:	Penal Code (Amendment) Sexual Offences) Act 2016 S 136 F (1) (a) and (b)
Cases cited:	R v Sinatau [2023] SBCA 38

IN THE HIGH COURT OF SOLOMON ISLANDS
CRIMINAL JURISDICTION

Criminal Case No. 176 of 2019

REX

V

JAMES SIME

Date of Hearing: 28 February 2025
Date of Sentence: 7 March 2025

Ms Rehomora for the Crown
Mr Waroka for the Defendant

Verdict and Sentence Reason for Orders

1. Mr. James Sime, I convicted you for the charge of rape, premised on your guilty plea entered on the 28/02/2025. Your other co-defendants have had their cases dealt with and punishments imposed on them. Co-defendants Mr. Edwin Peke and Mr. Henry Talo received a punishment of 4 years imprisonment each on the 10/09/2021, by Justice Bird. These two co-accused entered early guilty pleas.
2. Another co-accused, Mr. George Bonie, was sentenced to 4 years imprisonment, by Justice Lawry on 3/05/2023. Mr. Bonie also entered a guilty plea. Mr. Sime, your matter was listed before me for the upcoming Lata circuit from 13^th - 27^th March 2025.
3. I noted from the file review that your summary of agreed facts was filed on 21/11/2022, signed by Counsel, Mrs. Manu and Mr. Waroka. That tells me that you had wanted to enter a guilty plea on or around 21/11/2022. I heard submissions that you were not brought to Lata from Rove for the Lata circuit at that time.
4. On the 28/02/2025, I called this matter in the morning. The defence counsel was absent without prior notice. I enquired with the accused directly. I noted that there was a long delay of more than 6 years (6 years and 3 months to be exact) since you were arrested and detained on 20/11/2018. I was determined to attend to this matter quickly. You told me that you instructed your lawyer, Mr. Waroka last year that you wanted to enter a guilty plea. You were surprised that your trial is listed for the coming Lata circuit.
5. I listed the matter for 3 pm on 28/02/2025 to allow your lawyer to attend. I took the plea. You entered a guilty plea. I convicted you of raping Miss Nester Peniale. I also heard oral sentencing and mitigation submissions from Counsel premised on the summary of agreed facts filed on 21/11/2022.
6. Rape is a serious crime for it carries a maximum penalty of life imprisonment (Section 136 F (1) (a) and (b) of the 2016 Act). The 2016 Act was enacted to protect young girls and women from sexual abuse. Hence new sexual offences were created and penalties were increased. However, the Court has power to impose lesser sentence terms.
7. I put the starting point sentence here at 8 years because this is an unlawful sexual offence under Section 136 F of the 2016 Act, the victim being under the age of consent and is a non-contested matter (Rex v Sinatau SICOA-CRAC 14 of 2023, 13^th October 2023).
8. Then I identify the following serious aggravating factors – at night, isolated and burial site; use of weapon (you used a stone to threaten the victim); young age of the victim; age disparity; physiological harm and trauma and physical harm (you forced your penis to penetrate into victim’s vagina). For all of these 6 serious aggravating factors, I will uplift the starting point sentence by 6 more years. Increase due to serious aggravation must be made in years and not merely in weeks and months. That brings me to 14 years total head sentence before mitigation.
9. Defence counsel submit on the following mitigating factors - first time offender with no previous convictions; delay; time spend in custody; early guilty plea and you cooperated with the Police. For these five mitigating factors, I will allow a reduction of 8 years. Two factors influenced me to make a huge reduction for the 5 mitigating factors. First is the long delay - breach of a constitutional right. Some kind of good redress must be recognized, when a constitutional right is violated. A delay is a delay, whatever the reason may have been. And in here, 6 years delay is rather alarming and distasteful in my ears.
10. Second is the principle of parity in sentencing. Sentences imposed on similar offenders, for similar offences committed in similar circumstances should be similar or consistent. I consider that Mr. Sime’s co-defendants have been sentenced to 4 years imprisonment. That was because they entered a genuine early guilty plea. For you James, I already listed trial for Lata circuit, before you entered a guilty plea. It is not a genuine early guilty plea. So I will give 6 years sentence term instead of 4 years.
11. Then I note that James had already spent 6 years and 3 months in custody waiting for trial, since his arrest and detention on 20/11/2018. Hence, I ordered that James be released at the rising of the Court on 28/02/2025. I promised to give the reasons later. The reasons are contained in this decision.
12. The orders of the Court, I made on 28/02/2025 are repeated as follows:-
    • (i) Defendant found guilty of the charge of rape, premised on his guilty plea.
    • (ii) Defendant is sentenced to 6 years imprisonment.
    • (iii) Defendant will be released at the rising of the Court on 28/O2/2025.

THE COURT
JUSTICE JOHN A KENIAPISIA
PUISNE JUDGE