R v Zaba [2025] SBHC 71; HCSI-CRC 506 of 2024 (15 May 2025)

HIGH COURT OF SOLOMON ISLANDS

Case name:	R v Zaba
Citation:
Date of decision:	15 May 2025
Parties:	Rex v Allan Zaba
Date of hearing:	15 May 2025
Court file number(s):	506 of 2024
Jurisdiction:	Criminal
Place of delivery:
Judge(s):	Keniapisia; PJ
On appeal from:
Order:	I convict you Allan of the charge of having sexual intercourse with a child under 15 years. I will pass a sentence term of 4 years imprisonment on Allan. Allan is also entitled to further reduction for any pre-trial detention period (if any). This custodial sentence will deter the defendant and others out in the community, not to go near girls under 15 years and be tempted to engage in sexual activities with them including sexual intercourse.
Representation:	Mr Kelesi for the Crown Ms Aisa for the Defendant
Catchwords:
Words and phrases:
Legislation cited:	Penal Code (Amendment) (Sexual Offences) Act 2016 S 139 (1) (b)[cap 26]
Cases cited:	Abana v R [2024] SBCA 10, Bade v R [2023] SBCA 39, R v Pige [2023] SBCA 36,

IN THE HIGH COURT OF SOLOMON ISLANDS
CRIMINAL JURISDICTION

Criminal Case No. 506 of 2024

REX

V

ALLAN ZABA

Date of Hearing: 15 May 2025
Date of Sentence: 15 May 2025

Mr Kelesi for the Crown
Ms Aisa for the Defendant

Keniapisia; PJ

VERDICT AND SENTENCE

1. On 28^th September 2024, shortly after midday, Deborah Qomiato (complainant) left her house, in Bangora village and went to their garden. Along the way to their garden, Allan Zaba (defendant) was standing in front of his cousin brother’s lodge, and saw Deborah and 2 other girls, namely Prepetua and Lulah walked past to go to Deborah’s family’s coconut plantation (barik). The 3 girls arrived at the barik and Lulah climbed a betel nut tree.
2. Mr. Allan Zaba followed the 3 girls to the barik. From a distance Allan called Deborah to come over to him. Allan and Deborah had a chat and afterwards went into a hidden bushy area in the barik.
3. When they were alone in the barik (bushy area), Allan took off Deborah’s shirt and held her breast and removed her trousers. He also removed his own trousers and they proceeded to kiss each other. Deborah then lay on the ground. Allan climbed on top of her and they had sexual intercourse.
4. Whilst having sex, they heard Deborah’s mother calling for her in the barik. Upon hearing her mother calling, they quickly separated and went their separate way. Deborah’s mother found her and questioned her. Deborah disclosed what Allan did to her. And the matter was reported to the police afterwards.
5. I arraigned the defendant on 15/5/2025 whereat he entered a guilty plea to the one count of sexual intercourse with a child under 15 years contrary to Section 139 (1) (b) of the Penal Code Act (Cap 26), as amended by the Penal Code (Amendment) (Sexual offences) Act 2016 (No. 3 of 2016) hereafter referred to as “the 2016 Act”. I convicted Allan of the charge and heard sentencing and mitigation submissions straight away. The only issue is to determine the appropriate sentence. At the material time of offending Allan was 24 years, whilst Deborah was 14 years and 11 months (still under 15 years).
6. What may appear to be a consensual sex in a coconut plantation is actually prohibited under Section 139 (1) (b) of the 2016 Act. This section makes it an offence for a person to have sexual intercourse with a child, who is under 15 years of age and if the child is between 13 years and 15 years of age, the offender may receive a maximum penalty of 15 years imprisonment. Court has the power to impose a lesser sentence.
7. Men ought to take serious note that it is an offence under the 2016 Act to have sexual intercourse with a girl under the age of 15 years. Men must stay clear from ever approaching or enticing this sexual age grouping, notwithstanding the girl may have consented.
8. In terms of the start point I use the case of Abana v R [2024] SBCA 10, SI COA –CRAC 40 of 2023 (31 May 2024) and set the start point at 8 years. The case of Abana also involved a matter where the victim of sexual intercourse and the defendant was charged under Section 139 (1) (b) of the 2016 Act, though it involved repeated offending (2 counts). Here Deborah was under 15 years and the defendant had sexual intercourse with her once. Hence, I set the start point at 8 years.
9. Then I determine the following serious aggravating factors namely; breach of position of trust (parties are distant relatives); age disparity (Deborah 14 years 11 months and Allan 24 years); isolated location (barik); young age of the victim and psychological harm and trauma. For all these 5 serious aggravating factors combined, I will uplift the start point by 5 more years. Increases due to serious aggravation should be made in years rather than in weeks and months only (Bade, Court of Appeal 2023). That brings me to a total head sentence of 13 years before mitigation.
10. Then I will reduce the aggravated head sentence downwards due to the following mitigation factors: -
    • (i) Early guilty plea – 30 percent reduction (Pige, Court of Appeal 2023) is 3.9 years rounded to 4 years.
    • (ii) First time offender with no previous conviction – 1 year.
    • (iii) Cooperate with police – 1 year.
    • (iv) Rehabilitation – 2 years because defendant is very young and will have come out rehabilitated and be a better person in the community.
    • (v) Personal circumstances and Compensation – 1 year, I accept compensation despite of contention by DPP to verify because it is common that to restore peace between parties some kind of compensation have to be made in custom.
11. I convict you Allan of the charge of having sexual intercourse with a child under 15 years. I will pass a sentence term of 4 years imprisonment on Allan. Allan is also entitled to further reduction for any pre-trial detention period (if any). This custodial sentence will deter the defendant and others out in the community, not to go near girls under 15 years and be tempted to engage in sexual activities with them including sexual intercourse.

THE COURT
JUSTICE JOHN A KENIAPISIA
PUISNE JUDGE