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Regina v Olofia [2018] SBHC 12; HCSI-CRC 358 of 2016 (12 January 2018)

REGINA

V

ALFRED OLOFIA

HIGH COURT OF SOLOMON ISLANDS
(Mwanesalua, DCJ)

Criminal Case No. 358 of 2016

Date of Hearing: 29^th November 2017
Date of Sentencing : 12^th January 2018

Mr. Ronald B. Talasasa, DPP and Ms Olivia Ratu for the Crown
Mr. George Grey for the Accused.

SENTENCE

Mwanesalua DCJ: The accused pleaded guilty to two counts of assault causing actual bodily harm contrary to section 245 of the Penal Code. He also pleaded guilty to six counts of rape, contrary to section 137 of the Penal Code.

The accused committed his first count of assault causing actual bodily harm, on an unknown date between the 1^st and the 31^st May 2015 at Kaibia in Honiara. He committed his second count of the same offence on an unknown date between 4^th and 31^st July 2016 at Vara Creek in Honiara.

And the accused committed counts 3 to 7 rape at Vara Creek between 1^st July 2015 and 31^st July 2015. And finally he committed count 8 of rape on an unknown date, at Tasahe between 1^st and 30^th of July 2015.

The rape offences are extremely serious. They were committed by the real father of the victim himself. They were committed within a period of two months. The accused breached his responsibilities to protect the victim when he had sexual intercourse with his own daughter. The accused used weapons such as Solbrew bottle, oil palm broom, metal bat and firewood to threaten the victim.
These are six counts of rape in this case. They were committed in June and July 2015. The victim gave an impact statement. The victim sustained injuries below her right elbow and on her head when the accused threw a stool on her head. He assaulted her head with a Solbrew bottle, he hit her with a broom, and he broke two of her upper teeth and two of her lower teeth.

The accused has previous convictions. The court noted the agreed facts by counsels in this case. There are aggravating features in this case. The victim is the daughter of the accused. The incidents of rape were repeated. The teeth of the victim were broken by the accused.

The impact of the things which the accused did to the victim still affects her. But she will endeavour to be strong to live a normal life with her family.

There are aggravating factors in this case. The prosecution has referred to them in the sentencing submission. They include the abuse of trust by the accuse as a father of the victim

Sentences for the offences:

Ct 1. Two years imprisonment
Ct 2. Two years imprisonment
Ct 3. Eight years imprisonment
Ct 4. Eight years imprisonment
Ct 5. Eight years imprisonment
Ct 6. Eight years imprisonment
Ct 7. Eight years imprisonment
Ct 8. Eight years imprisonment

Counts 1 and 2 to be served concurrent - 2 years imprisonment
Counts 3, 4, 5, 6, 7, and 8 to be served concurrently – 8 Years imprisonment.

Sentences of two years imprisonment and the eight years imprisonment are to be served consecutively. The effective sentence is therefore ten years imprisonment to run from the 1^st day he was remanded at the Rove Remand Centre.

Hon. Francis Mwanesalua
Deputy Chief Justice