A 43-year-old man has been sentenced to 42 years in jail by the Honiara High Court recently.
This came after he raped a 13 year-old girl, who he considered as his niece, on three occasions in 2022 in Ngella, Central Islands Province.
Judge Ronald Bei Talasasa Jr found the rapist guilty on three counts of rape after a long trial.
In his sentencing remarks on April 2nd, Judge Talasasa said the acts of violence by the offender against the victim insult the conscience of every law-abiding person in the country.
“It is a horrible crime against a vulnerable individual,” Judge Talasasa said.
He added that no person in his or her right mind should tolerate such acts of violence.
“The court will, neither,” he told the defendant.
The three rape incidents occurred on three different locations in Ngella, on unknown dates between 1 November 2022 and 31 December 2022.
The victim accompanied the defendant and his family to Ngella for a holiday when the incidents took place.
The court heard that the defendant had grown up under the care of the victim’s grandparents and was considered a brother to the victim’s mother.
During three incidents, the defendant would argue with his wife, who would then run away from the house.
This left him along with the young vulnerable children including the victim and he would take advantage of the victim.
Judge Talasasa noted that although no weapon was used, the victim was sexually terrorized in each of those three occasions.
“The defendant would either drag the victim to the living room before raping her, used his hand to close the victim’s mouth then proceed to overpower her.
“On the final occasion, the court heard the defendant dragged the victim to a small lodge next to their house, forcefully pulling the victim to him, locking the door and then overpowering the victim before he raped her,” Judge Talasasa said.
The Defence Counsel also submitted there is no serious injury and evidence to show the victim has encountered rape .
However, Judge Talasasa said the nurse who examined the victim told the court she found bruises and a tear around the victim’s private body part.
Judge Talasasa also noted the victim has had a boyfriend which could contribute to her private part not being intact.
Despite that, he accepted she was raped by the defendant and on that basis would sentence the defendant based on the merits of his own case.
Mitigating factors submitted on behalf of the defendant are, the defendant’s good character, cooperation with the police, no prior conviction, time spent in custody, and rehabilitation.
Justice Talasasa had accepted the 10 aggravating features submitted by the prosecution which include:
- disparity of age,
- victim is a child below the consent case,
- breach of trust,
- repetition of the offending,
- pre-planning,
- isolation of the victim,
- physical harm,
- trauma/psychological impacts on the victim,
- weak and vulnerable, and
- 10.the offending occurred in a home.
“I note that you testified in court that you were engaged in building or constructing a house during the time, including assisting in a wedding preparation,” he told the defendant.
“You should have concentrated in the construction work, yet, you venture into fulfilling your sexual appetite, not once, or twice but trice – that is three times,” he added.
Judge Talasasa said; “your mind seemed to be full of sex, sex and sex, desirous three times sex and you did have what you desired, and you planned it well until you got what you wanted.”
He further told the defendant that a general deterrence is required to reflect that the community does not accept the defendant’s conduct and to deter other members of the community from committing similar offences.
“Personal deterrence is significant.
“The defendant must be discouraged from committing the same or similar offences in the future,” Judge Talasasa said.
“Any sentence imposed should act as a deterrent to the defendant.
“The defendant should know that if he acts in the same or similar way in the future, he will be dealt with accordingly,” he said.
After taking into account the aggravating features, mitigating factors and citing case authorities, Justice Talasasa accepted a starting point of eight years for the three counts and considered an uplift of 15 years, which results in 23 years imprisonment for each count.
He also gave serious consideration for submissions on mitigation by the defence counsel and submissions on mitigation and deducts two years from the sentence for each count.
“Rather than quantifying the value of the mitigation in aggregate, I take into account the allowance of 2 years I give for mitigation to each count.
“Therefore, the sentence is 21 years imprisonment for Count 1, Count 2 and Count 3,” he said.
He then took into account the totality principle of sentencing and considered all three counts were serious and that the offences did not arise out of the same single transaction.
“Neither do I view the aggregate of the sentences would, if they are consecutive, amount to a total that is inappropriate in this case.
“In keeping the authority of Bade versus Regina, as well as subsequent cases on sentence as decided by the Court of Appeal, some of which I referred to above, as I have decided the proper penalty for each offence, I order that Count 2 is to run concurrently to Count 1 and Count 3 is to run consecutively to Count 1,” he said.
The final sentence imposed is one of 42 years in prison, with the time spent in pre-sentence detention and custody to be taken into account.
Stanley Aupai of Public Solicitor’s Office represented the defendant, while Public Prosecutors Francisca Luza Sabrina Habu appeared for the Crown.
By ASSUMPTA BUCHANAN
Solomon Star, Honiara
