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R v Ramo [2022] SBHC 60; HCSI-CRC 237 of 2022 (29 August 2022)

HIGH COURT OF SOLOMON ISLANDS

IN THE HIGH COURT OF SOLOMON ISLANDS
CRIMINAL JURISDICTION

Criminal Case No. 237 of 2022

REGINA

V

WILSON RAMO

Date of Hearing: 5 August 2022
Date of Decision: 29 August 2022

Mr. John Wesley Zoze for the Crown
Mr. Benham Ifuto’o and Mr Oxley Limeniala for the Defendant

SENTENCE

Bird PJ:

1. The defendant Mr Wilson Ramo is hereby charged with 1 count of attempted rape contrary to section 136F (4) (a) (b) of the Penal Code (cap 26) as amended by the Penal Code (Amendment) (Sexual Offences) Act 2016, 1 count of wilful and unlawful damage contrary to section 326 (1) of the Penal Code and 1 count of intimidation and molestation contrary to section 231 (1) of the Penal Code. The defendant had pleaded not guilty to count 1 and he pleaded guilty to the charges in counts 2 and 3. He was consequently convicted on counts 2 and 3 respectively. A trial into the allegation in count 1 was heard by the court on the 2^nd August 2022 and he was convicted after trial on the 5^th August 2022. He now appears before me for sentence on counts 1, 2 and 3 respectively.
2. The offence of attempted rape is very serious and it carries a maximum sentence of 25 years imprisonment. The offence of wilful and unlawful damage is a misdemeanour and carries a maximum sentence of 2 years imprisonment and the offence of intimidation and molestation is an imprisonment term of 3 years.
3. The facts of your case in relation to counts 2 and 3 are the following. You are from Afekwara Village, East Kwara’ae. The complainant in count 2 is your father and you live in the same house. On the 18^th March 2021 at about 3 pm, you were drunk and returned to your family house. You uttered some swearing words when you entered the house. You kicked and damaged a wooden food shelf valued at $450.00. After damaging the food shelf, you took a stick and a hook knife and threatened your brother.
4. In respect of counts 2 and 3, it is submitted by Mr Zoze for the crown that there are several aggravating features in your case. It is submitted that you were drunk when you committed the offending. You acted aggressively towards members of your own family. You damaged family property inside the family house and you used a stick and a hook knife to threaten your own brother. You had no regard and absolutely no respect for your father and the family as a whole. Your behaviour and attitude towards your very own family members is deplorable and that type of attitude should never be repeated again.
5. On your behalf, it was submitted by Mr Limeniala that you have pleaded guilty to the charges at first opportunity. The early guilty pleas shows you are remorseful and you have owned up to the offending and you are willing to face the consequences of your action. I have seen from the facts of your case that your offending is directed to members of your family and it would have been stressful for them to come to court to give evidence against you. I give you credit for your early guilty plea. I have also noted that you have no previous conviction. You are 23 years old and single. You are a youthful offender and you have a good prospect of rehabilitation. I have also noted that you have been remanded in custody since the 13^th November 2021. To date you would already spend a total of 9 months and 20 days in custody. That period of time will be taken into account in your sentence.
6. For the offence of attempted rape, it is submitted by Mr Zoze that the starting point for that offence is the principle laid down in the case of Mulele v DPP & Poini v DPP [1985-1986] SILR 145, in which the court had set out 4 factors that should be taken into account by the courts in the sentencing of sexual offenders like yourself. Those factors included age disparity, abuse of position of trust, subsequent pregnancy and character of the girl herself. The only factor that can be seen in your offending is the abuse of position of trust. From the evidence before the court you are a cousin to the complainant’s husband. The complainant is therefore your in-law and you should have a lot of respect for her. What you did to the complainant is not right in the eyes of the law and also an unacceptable behaviour in your own custom.
7. It is also noted that you used violence on the complainant. You bit the complainant’s cheeks and her cheeks were swollen as a result. She also struggled and fought with you during the incident. The complainant experienced psychological and emotional trauma on that occasion. She was frightened and asked PW 2 to accompany her home. It will take a long time before she will be able to get over the incident.
8. On your behalf it is submitted by Mr Limeniala that you have no previous conviction and therefore you are a first offender. I have also taken into account your personal circumstances discussed in paragraph 5 above. Having noted them, I am further guided by the principles set out in the case of R v Ligiau & Dori [1986] SBHC 15 in which the court was of the view that in sexual offences cases, matters personal to the accused person will have less impact on sentence than in other serious crime.
9. Having noted and taken into account the various case authorities cited by both counsel for the crown and the defendant, I hereby deal with your sentence as follows:
   • Count 1 - On the facts of your case, I put your starting point at 3 years imprisonment. For the aggravating features I increase your sentence by 12 months. For the mitigating features especially that you are a youthful offender. I would reduce your sentence by a further 12 months. Total sentence to serve is one of 3 years imprisonment.
   • Count 2 - On the facts of your case, I put your starting point at 12 months imprisonment. For the aggravating features, I will increase your sentence by 6 months. For the mitigating features, I will reduce your sentence by 12 months. Total sentence on count 2 is one of 6 months imprisonment.
   • Count 3 - On the facts of your case, I will put your starting point at 12 months imprisonment. For the aggravating features, I increase sentence by 12 months. For the mitigating features, I reduce your sentence by a further 12 months. Sentence to serve on count 3 is one of 12 months imprisonment.

Orders of the court

1. The defendant is hereby convicted of 1 count of wilful and unlawful damage contrary to section 326 (1) of the Penal Code and 1 count of intimidation and molestation contrary to section 231 (1) of the Penal Code.
2. Count 1 – The defendant is hereby sentenced to 3 years imprisonment
3. Count 2 -The defendant is sentenced to 6 months imprisonment
4. Count 3 -The defendant is sentenced to 12 months imprisonment
5. The sentences in count 2 and 3 are to be served concurrently.
6. The sentences in counts 2 and 3 are to be served consecutive to count 1.
7. I direct that the time spent in pre-trial custody is to be deducted from the total sentence.
8. Right of appeal

THE COURT
Justice Maelyn Bird
Puisne Judge