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Regina v Poepoehou [2014] SBHC 88; HCSI-CRC 99 of 2014 (9 September 2014)

HIGH COURT OF SOLOMON ISLANDS
(Mwanesalua, J)

REGINA

V

VALENTINE POEPOEHOU

Criminal Case No. 99 of 2014

Date of Hearing: 30 May, 12 June, 8 & 18 July, 11 & 15 August 2014
Date of Judgment and Sentence: 9 September 2014

Mr. N. Dhita for the Crown
Mr. G. Gray for the Accused

SENTENCE

1. The Accused was charged with five counts of rape under section 136 of the Penal Code. He committed all the offences in August 2013. He pleaded guilty to all the charges and was accordingly convicted of them. The victim is his own daughter. She was twelve years old when the offences were committed. The victim could not recall the precise dates of the offences, but she could recall the exact locations and details of the offences.
   
2. The first offence occurred on one evening in August 2013. The Accused ordered her to go to his room in the family house, undress and wait for him; otherwise he would cut her neck with a knife. He entered the room rude and forcefully removed the victim's clothes. He forced her to lay on top of him, but when she refused, he laid on her and threatened her by placing his knife on her neck. He separated her legs and pushed his penis into her vagina. She felt severe pain in her vagina and cried. He closed her mouth with his right hand to avoid other people hearing her cry. He told her that he had worked hard and felt hungry while looking after her at hospital when she was a child. He therefore said to her that because of these reasons, he should be the first person to have sexual intercourse with her.
   
3. The second offence was committed at the side of the river near their house. The Accused ordered his wife to tell the victim who was getting ready to go to sleep in their house to go outside to see the Accused. The victim refused, but her mother told her about the Accused's demand that, if the victim refused to go to the Accused, the Accused would chop off the victim's head with the knife. The victim was afraid and so went to the Accused. The Accused held both of her hands and pulled her to the side of the river near their house. The Accused then put his knife down, undress the victim and commenced touching her breasts and vagina. He then held on top of her shoulders and forced her to lay down on the stones and sticks. The victim began to cry but the Accused threatened to kill her if she cried. He then lay down on top of her and pushed his penis into her vagina and said to her "Mi breaken iu nao ia". The victim felt pain and cried, but the Accused warned her to stop crying in case passers-by heard them.
   
4. The Third offence was committed along the Waihata River. The Accused, his wife and the victim went to check their garden. While they were on their way, the Accused told his wife to return home whilst the victim and he went to check their garden. After walking for a short while, the Accused ordered the victim not to follow the road to their garden, but instead told her to follow the Waihata River. Along the Waihata River, the Accused told the victim to sit down on top of rocks where he removed her clothes. He also removed his clothes and forces her to suck his penis. He warned her if she refused he would kill her. He pushed his penis into her mouth and then told the victim to lay on top of his shirt which he spread on the rock. He then kissed and pushed his penis into her vagina. He told her that he was teaching her about life so that she knows what life is.
   
5. The fourth offence was committed on the following night when the victim's siblings were asleep and her mother went to her grandmother's house. The Accused pulled the victim into his room and undressed her. After touching and sucking the victim's breasts and vagina, he pushed his penis into her vagina and had sexual intercourse with her.
   
6. The fifth offence was committed on a Sunday night. During that night, the Accused took the victim into his room and had sexual intercourse with her without her consent.
   
7. A doctor conducted a medical examination of the victim on 7 September 2013. The genital examination revealed fissuring of the hymen, caused by trauma, which indicated penetration of the hymen. The Accused admitted having sexual intercourse with the victim. The Accused was arrested and placed in custody since 4 September 2013. He has been in placed custody for a period of one year five days.
   
8. The Accused is 34 years of age. He comes from Guadalcanal. His parents, wife and children are living at home. His three children are attending primary school; the fourth child is attending early childhood education. The fifth child is still small to attend school. His family members depended on him for their welfare and livelihood before his arrest and remand in custody. His sources of income were from the sale of fish and copra to support his family and himself.
   
9. The Accused said that the victim was not his biological daughter. This information is irrelevant as he was not charged with incest. The Accused blames his wife for allowing her daughter to be raped. It is well known in this jurisdiction, that in custom, the father is the head of the family. He should have known that his actions were morally wrong, unlawful and against custom.
   
10. The court has set out the offences which you stand convicted in paragraphs 2 to 6 above. The court will now set out the factual basis of your offences for purposes of sentencing:
    

Count 1. You threatened to behead the victim with a bush knife. You removed her clothes by force. When she refused to allow you to lay on her, you forced and frightened her by laying your knife on her neck. You then forced her legs apart, but resisted you by crying. You ignored her refusal by forcing yourself on her and had sexual intercourse with her against her will.

Count 2. You threatened to behead the victim with your bush knife. You pulled the victim to the side of the river while she was in fear of your knife, which you held. You undress her, touched her breasts and vagina. You force yourself on her and had sexual intercourse with her against her will.

Count 3. You removed her clothes and forced her to suck your penis. Then you threatened to kill her if she refused to comply with your demand. She was concerned about her own safety and so sucked your penis. You then pushed your penis into her vagina and had sexual intercourse with her without her consent.

Count 4. You forced her to your room and undressed her. You sucked her breasts and vagina. You then pushed your penis into her vagina and had sexual intercourse with her. You did all these to her without her consent.

Court 5. This offence was committed on Sunday night. You took her out of her room into your room. There you had sexual intercourse without her consent. The offences in counts four and five were repeated crimes of rape as well as the first three offences.

11. Your offences are extremely serious. There are clearly aggravating features in them. The victim was a very young child when you committed the offences. You fissured her hymen. You planned the offences to reward yourself for the hard work and hunger you went through while you cared for her while she was sick at the hospital. You committed the first and the second offences with violence over and above the force necessary to commit the offences. That is to say, that you threatened to behead her with your knife when you committed the offences. The third offence was aggravated in that you subjected her to sexual perversion when you made her to suck your penis. Counts four and five were aggravated by the fact they were repeated offences of rape. You have abused your daughter for sexual gratification. You an adult person whilst your daughter is a very young child.
    
12. Severe sentences would assistance in demonstrating as clearly as possible that rape is a very serious offence against girls and women.
    
13. The starting point of sentencing in your offences is thirteen years imprisonment. You have pleaded guilty to your offences at the earliest opportunity on which you have been convicted. You have been in police custody for more than one year. That you have young children in your family. You have no previous conviction. The sentences to be imposed on you are as follows:
    

Counts 1 to 3: Eight years imprisonment for each offence to be served concurrently.

Counts 4 and 5: Seven years imprisonment for each offence to be served concurrently with the eight years for counts 1 to 3.

All sentences to be served concurrently. You will therefore merely serve eight years imprisonment as from the 9th of September 2014. You have a right to appeal against your sentences if you do not agree with them. Order accordingly.

THE COURT