Home | Databases | WorldLII | Search | Feedback High Court of Solomon Islands

Regina v Paul [2009] SBHC 48; HCSI-CRC 348 of 2007 (23 September 2009)

HIGH COURT OF SOLOMON ISLANDS
Civil Jurisdiction

Criminal Case No. 348 of 2007

REGINA

V

EDDIE PAUL

Date of Judgment: 21 September 2009
Date of Sentence: 23 September 2009

DPP in person and Ms Tafoa for the Prosecution
Mr. Lavanagh for the Accused.

SENTENCE

Mwanesalua J:

1. Eddie Paul, this court found you guilty of one count of rape and convicted you of that offence on 18 September 2009. You committed the offence on 9 January 2006 at New Geza Village. That was about 3 years and 8 months ago from to day.

2. The victim was a spinster and aged about 20 years old when you committed your offence upon her. You were then aged about 21 years old on that date. You were then a bachelor. You were merely a little older than the victim, but both of you were young adults at the time.

3. You heard submissions made to the court on sentence. Both your lawyer and the lawyers for the crown, said that the offence of rape, upon which you were convicted is a very serious offence. This court does not differ in that view, because the most hideous form of rape still carries a maximum sentence of life imprisonment under section 137 as read with section 138 of the Penal Code (cap. 28). ("the code") However, section 24 (2) of the Code allows for the imposition of shorter terms of custodial sentences for the offence.

4. Rape is an offence of varying degrees of seriousness. The sentence to be imposed on you must however only reflect the relevant degree of seriousness of your offence. Rape is always a serious offence, and, except in most exceptional circumstances, calls for an immediate custodial sentence. You will serve a custodial sentence.

5. The factual bases of your offence are brief. They are these. You entered the house where the victim was living, got her under your control, bend her forward, moved her clothes down and had sex with her for short while without her consent.

6. The starting point of a custodial sentence for rape in this jurisdiction where it is contested is five years imprisonment. In your case, you admitted penetration but merely contested the element of consent. The rape you committed against the victim has no aggrevating features. That point goes in your favour when considering the appropriate custodial sentence to be imposed on you for the offence. Because of your partial admission, the starting point in your case would be four years and a sentencing range between one year to five years.

7. The other mitigating factors which are considered in your favour are these. That you have no previous convictions as confirmed by your antecedent report, tendered to the court; that you admitted the offence in the caution statement you gave to the police; you did not use any weapon to cause fear and threat to the victim, although you were impossession of a bush knife before the rape occurred; you merely use force necessary to effect penetration; you did not disregard the victim’s feelings and did not continue to act selfishingly, as you immediately ceased having sex with the victim when you realized that what you did to her was wrong; you were remorseful of your act, by saying sorry and leaving her; there was little disparity between your age and the victim; that the victim did not suffer any serious injuries, that being confirmed by the medical report on her; that you merely had sex with her for a short while; that there was a long delay of about three years and eight months from your arrest until trial, although you were to be partly blamed for that; you are unlikely to re-offend; that after you have committed your offence, you have a settled life with your spouse and child, and engage in farming by raising pigs to earn income to support your family and yourself.

8. Lengthy delays in bringing cases to trial where that is not inevitable cause difficulties in sentencing. This is because a court may have to consider whether to sentence the prisoner as he was at the time of the offence, or whether to sentence him at his status at the date of sentence. For you, the court will sentence you at your present status and not as you were on 9 January 2006. That is to say you now married, raising a child, earning income with responsibilities for your family and yourself.

9. In conclusion, the most appropriate custodial sentence to be imposed on you for your offence, after taking into account the mitigating factors due to you, is twenty months imprisonment. The period of 115 days you were remanded in custody from 9/01/06 to 4 May 2006 and the 198 days you were also remanded in custody from (9/03/09 to 23 September 2009 are deducted from this one year and eight months imprisonment sentence. You have a right to appeal this sentence if you disagree with it.

F Mwanesalua J
THE COURT