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

R v Iromani [2022] SBHC 54; HCSI-CRC 269 of 2021 (19 August 2022)

HIGH COURT OF SOLOMON ISLANDS

IN THE HIGH COURT OF SOLOMON ISLANDS
CRIMINAL JURISDICTION

Criminal Case No. 269 of 2021

REGINA

V

SILAS IROMANI

Date of Hearing: 12 August 2022
Date of Decision: 19 August 2022

Mrs. Olivia Ratu & Ms Francisca A Luza for the Crown
Mr. Steven Weago & Ms Beverly M Saefo’oa for the Defendant

SENTENCE

Bird; PJ

1. You have been convicted after trial of 1 count of indecent act – child under 15 contrary to section 139 (2) of the Penal Code (cap 26) as amended by the Penal Code (Amendment) (Sexual Offences) Act 2016 (hereinafter referred to as the ‘Act’) and 1 count of sexual intercourse - child under 15 contrary to section 139 (1) (a) of the said Act. You now appear before me for sentence.
2. You are hereby informed that the maximum sentence for indecent act- child under 15 is one of 7 years imprisonment and for the offence of sexual intercourse- child under 15 is a maximum sentence of life imprisonment.
3. It is submitted by the crown that the starting point in your sentencing are the principles set out in the case of Mulele v DPP and Poini v DPP [1985-1986] SILR 145. In that case, the court had set out four factors that should be taken into account in the sentencing of sexual offenders like you. Those included age disparity, abuse of position of trust, subsequent pregnancy and character of the girl herself. It is submitted by the crown that there is a huge age disparity in your case. You were 56 years old at the time of the incident and the complainant was 12 years old. The age difference between you was one of 44 years. That age disparity is a serious aggravating feature in your case. It is further submitted that the complainant is your wife’s daughter which makes you a step-father. There is a breach of trust in your offending. Having lived with the complainant’s mother, you are expected to treat the complainant as your own daughter. You should have treated her with respect and dignity. By sexually molesting her, you have breached the trust placed upon you.
4. It is also submitted by the crown that the young age of the complainant makes your offending serious. The complainant was only 12 years old when you sexually molested her. You robbed her of her innocence at a very young age. In the case of R v Ligiau and Dori [1985-1986] SILR 214, the court considered the young age of the victim as a serious aggravating feature. I am further told that you were drunk during the commission of the offence. You must be informed that being drunk is not a defence in your case. It is an aggravating feature that will be weighed against you in this sentence. I am further told that what you did to the complainant had caused psychological and emotional trauma on her. It is also noted that the offence was committed inside a home that should have been a safe and secure place for the complainant. You have no respect for the sanctity of a home.
5. On your behalf, it was submitted by your lawyer that you are a first offender without any previous conviction. You are now 58 years old and self-employed. Your lawyer said that there is no risk of re-offending in this case. I can take that into account because you committed the offending in 2020 and you have not re-offended till the completion of his case. It is further submitted that you have a chance of rehabilitation. I have observed that when your case was pending, you have attended court hearings and have complied with your bail conditions. I only hope that you will continue to exercise that sense of responsibility and continue to live a dignified life after your incarceration.
6. I have taken the opportunity to peruse and take into account the case authorities cited by both the prosecution and the defence and have noted them. The sentences imposed by the courts in respect of the offence of indecent act ranges from a suspended sentence to 2 years imprisonment. For the offence of sexual intercourse - child under 15, the range of sentences imposed by the courts is from 3 years to 10 years imprisonment. On the peculiar circumstances of your case, I hold the following:

Count 1-On the facts of your case, I put your starting point at 2 years imprisonment. For the aggravating features, I increase the sentence by 12 months. For the mitigating features, I would reduce sentence by 6 months. Total sentence on count 1 is one of 2 ½ years imprisonment.

Count 2-On the facts of your case, I put your starting point at 6 years imprisonment. For the aggravating features in your case, I increase the sentence by 12 months. For the mitigating features, I will reduce the sentence by 6 months. Total sentence to serve on count 2 is one of 6 ½ years imprisonment.

Orders of the court

The defendant Mr. Silas Iromani is hereby sentenced as follows:

1. Count 1-2 ½ years imprisonment
2. Count 2 -6 ½ years imprisonment.
3. The sentences in count 1 and 2 are to be served concurrently.
4. The time spent in pre-trial custody is to be deducted from total sentence.
5. Right of appeal

THE COURT
Justice Maelyn Bird
Puisne Judge