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

R v Gathomana [2020] SBHC 10; HCSI-CRC 178 of 2019 (6 March 2020)

HIGH COURT OF SOLOMON ISLANDS

IN THE HIGH COURT OF SOLOMON ISLANDS
CRIMINAL JURISDICTION

Criminal Case No. 178 of 2019

REGINA

V

LESLIE GATHOMANA

Date of Hearing: 18 February 2020
Date of Decision: 6 March 2020

Mrs M. Suifa’asia for the Production
Mr. B Ifuto’o for the Accused

SENTENCE

Bird PJ:

1. The Defendant is charged with two counts of incest contrary to section 163 (1) (a) (2) (a) of the Penal Code (Amendments) (Sexual offences Act 2016).
2. The Defendant had pleaded guilty to both charges in the lower court on 5^th February 2019. The matter was then committed to this court for sentencing.
3. The fact of your case are as follows: You are the father of the victim, Leah Felix Gathomana. The victim was 12 years old at the time of offending.
4. On an unknown date between 1^st June and 19^th September 2018, you forced the victim to follow you to have a bath at a nearby stream.
5. Upon arrival at the stream, the victim took her bath with her clothes on. You stared at the victim’s body whilst she was bathing. You then instructed the victim to remove her clothes. The victim refused. You then removed your grey trouser and was completely naked and you approached the victim. You then forced the victim to touch your penis. The victim refused and you moved closer to the victim for her to touch your penis.
6. From your ongoing force on the victim, she eventually touched your penis. You then removed the victims skirt and trouser and slowly touch the part of the victim’s body navigating to the victim’s vagina. You then told the victim that you will lick her vagina. You then used both your hands to widen the victim’s vagina and started to lick the vagina with your mouth and tongue.
7. On another occasion between 1^st June to 19^th September 2018, the victim was laying in her bedroom when you went into her bedroom. When you went into her bedroom, you then sucked the victim’s breast, licked her vagina and had sexual intercourse with the victim by pushing your penis into her vagina.
8. I have heard submissions from counsel for the crown and the defence. I have heard and have taken into account as your behalf the following:
   • (a) Your early guilty plea shows remorse on your part.
   • (b) You have no previous conviction and you have no criminal history.
   • (c) You are 38 years old and married with 5 children. Their ages ranges from 18 years to 3 years old. They are all in school.
   • (d) You are not formally employed and you have to work hard to support your family.
   • (e) You have co-operated well with the police in their investigation.
   • (f) You have given compensation to your wife and children.
   • (g) You have spent a total of 1 year 4 months and 26 days.
   • (h) The court had also noted that no physical violence was used on both occasions.
9. The aggravating features in your case are the following:
   • (a) The victim was of a very young age. She was about 12 years old and you have robbed her of her innocence.
   • (b) Breach of trust. The victim is your own daughter. As a father, the victim has trust and respect for you.
   • (c) The disparity of age between yourself and the victim. You are 38 years old and victim is barely 12 years old.
   • (d) The repetition of the offence. You had sexual intercourse with your daughter on two separate occasions.
   • (e) What you have done to your daughter /victim had caused emotional and psychological stress on her. It had brought shame on the victim and the family as a whole.
10. The court views your offending as very serious. The seriousness of such offences is demonstrated on the maximum penalty of life imprisonment.
11. You are the father of the victim. As a father you have the responsibility to look after and care for your children. Your children must be able to look up to you as their protector and provider of their basic needs.
12. Your daughter is very young and was dependent upon you for her everyday needs. She looks to you with trust. You have breached that trust.
13. You have 5 children, 3 of them are girls. What you have done to one of your daughters could happen again. Your daughters are in vulnerable position in your presence.
14. You have caused substantial emotional and psychological pressure on the victim. She will live with that for the next of her life that someone she had trusted had abused her. As if it was not enough stress on her you have committed this offence on one other occasion.
15. I have noted that you have pleaded guilty to the offence and that you are sorry for what you have done. What you have done to your young daughter is a scar that will remain for life.
16. Under the repealed law, the maximum penalty for such offending is an imprisonment of 7 years. The amendment to that provision had increased the maximum penalty to life imprisonment.
17. The sentencing terms under the repealed Act ranges from 3 to 4 years imprisonment. That would be about 57% of the maximum imprisonment term.
18. The court had noted that this type of offence is becoming very prevailed in our country. The court has duly to safeguard the rights of female citizens from such offence.
19. I have also heard that you have paid compensation to your wife and children for your offending. In my view that does not mitigate your offending. It merely normalise your relationship with your family.
20. I have taken into account that no violence had accompanied the offender. I have also noted that there was two instances of offending by yourself. The victim was adversely affected by your offending.
21. A clear message must be sent out to the communities at large that this court views this type of offending as demeaning and arrogant. This type of offending might be accepted as part of your custom but you are now reminded that it is against the law of this nation for you to sexually abuse your own daughters. That type of offending must stop.
22. It is also the court’s view that apart from punishing the offenders, the Executive arm of the Government through their international obligations should also look for ways and avenues to assist child victims of violence to settle in comfortably and integrate back into the community.
23. On your own plea I convict you on two counts of incest contrary to section 163 (1) (a) (2) (a) of the Penal Code (Amendments) (Sexual offences Act 2016).
24. Having taken into account all of the above circumstances in your case, I sentence you to 7 years imprisonment on count 1 and 7 years imprisonment on count 2. I further order that the sentences to be served concurrently.

Orders of the court

(1) Defendant is convicted on count 1
(2) Defendant is convicted on count 2
(3) Imprisonment of 5 years on count 1
(4) Imprisonment of 7 years on count 2
(5) Sentences to be served concurrently
(6) Time served in pre-trail custody to be deducted from total sentence

THE COURT
Justice Maelyn Bird
Puisne Judge