R v Madeo [2025] SBHC 74; HCSI-CRC 49 of 2025 (26 May 2025)

HIGH COURT OF SOLOMON ISLANDS

Case name:	R v Madeo
Citation:
Date of decision:	26 May 2025
Parties:	Rex v Festus Madeo
Date of hearing:	14 May 2025
Court file number(s):	49 of 2025
Jurisdiction:	Criminal
Place of delivery:
Judge(s):	Kouhota; PJ
On appeal from:
Order:	Taking into account the facts of this case, the aggravating factor, and the mitigating factors and all the circumstances of the case, I impose on you 6 years imprisonment and order time spend in custody to count as part of the 6 years imprisonment. IRA
Representation:	Ms M Cleven for the Crown Mr T Fiuga for the Defendant
Catchwords:
Words and phrases:
Legislation cited:	Penal Code (Amendment) (Sexual Offences) Act 2016 S 136 (f) (1) (a) (b)
Cases cited:

IN THE HIGH COURT OF SOLOMON ISLANDS
CRIMINAL JURISDICTION

Criminal Case No. 49 of 2025

REX

V

FESTUS MADEO

Date of Hearing: 14 May 2025
Date of Sentence: 26 May 2025

Ms M Cleven for the Crown
Mr T Fiuga for the Defendant

SENTENCE

Kouhota PJ

You are convicted for the offence of rape contrary to section 136(f) (1) (a) (b) of the Penal Code amended (Sexual offence) Act 2016 on your own plea. This is a serious offence, which carries a penalty of life imprisonment.

The facts of this case are that, in the early morning of 27^th December 2024 between 3 and 5 am the complainant was sleeping in her bedroom at their house at Aekafo, Vara creek. She noticed that someone is trying to open the door to her bedroom. Thinking that it was her mother she stood up and unlocked the door and lay back on her bed because she was not feeling well. She felt that you are sitting beside her on her bed. She shouted and quickly got out from her bed. However, you pulled her shirt from behind and caused her to fall back onto the bed lying face up. You then sat on top of her legs and pressed her neck while you took off your trousers. You then tore off her under pant and at same time shut the complainant’s mouth. She struggled and cover her vagina with her two hands. Then you quickly lifted her leg and licked her vagina and inserted your finger into her vagina and continued to push your finger in and out of her vagina. Then her father opened the door and kicked you so you ran away naked.

The prosecution in her submission submit the following as aggravating factors inter-alia,

1. Breach of trust because you are the complainants cousin and as such in custom you have a responsibly to protect her but you instead raped her.
2. Age disparity, that you are 25 years old and she is 16 years old, a child by the definition of the Penal Code (amended) (Sexual Offences) Act, 2016.
3. Offence committed at night
4. Pre planning, the facts of this case show that you had planned to commit the offence on the complainant and waited until she was asleep then entered her room and raped her.
5. Psychological trauma, on the complainant.

The following are taken as mitigation factors in your favour,

1. That you pleaded guilty to the charge at the earliest opportunity that show remorse.
2. That you are a first offender with no previous conviction.

I also consider that your family had settled the matter in custom. I also take into account the principle sentencing principle, the sentencing methods and case authorities submitted by counsels.

I consider that the offence was premediated and that the complainant is your cousin and you should respect and protect her. After considering the aggravating factors and the case authorities referred by counsels, I consider the offence committed and the circumstances are seriousness thus I considered the starting point of the sentence should be 8 years imprisonment.

After taking into account, your previous good character and guilty plea and your families had settled the matter according to custom it is appropriate to reduce 2 years from the starting point of 8 years.

Taking into account the facts of this case, the aggravating factor, and the mitigating factors and all the circumstances of the case, I impose on you 6 years imprisonment and order time spend in custody to count as part of the 6 years imprisonment.

IRA

THE COURT
Justice Emmanuel Kouhota
Puisne Judge