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Crown v Bini [2022] SBHC 82; HCSI-CRC 724 of 2021 (19 October 2022)

HIGH COURT OF SOLOMON ISLANDS

IN THE HIGH COURT OF SOLOMON ISLANDS
CRIMINAL JURISDICTION

Criminal Case No. 724 of 2021

CROWN

V

ANDREW BINI

Date of Hearing: 19 October 2022

Suifa’asia M & Mutukera M for the Crown
Manebosa SR for the Defence

SENTENCE

Maina PJ:

You, Andrew Bini had pleaded guilty on one Count of indecent act contrary to section 138 (1) (a) and (b) of the Penal Code (Cap 26) as amended by the (Amendment) Sexual Offences) Act 2016.

The fact of the case is that on three separate occasions on unknown dates between 1^st April to 8^th September 2021, when the victim was alone at home the Defendant would fondle her breast and vagina using his hands. The Victim did not consent to the Defendant.

The Victim was 10 years old when she was indecently assaulted by the Defendant and the Defendant was 32 years old at the offending. Victim had lived with the Defendant Andrew Bini who is married to her aunty and they treated the victim as their eldest child.

For the mitigation, the Accused is the first offender and I noted the reconciliation with the Victim’s family.

The age disparate of 22 years, breach of trust as career of the child and repetition are the aggravating features in the case.

The maximum penalty under this provision is 10 years imprisonment.

Credit for plea of guilty and when considering the mitigation and aggravating features in the sentence, the Accused is sentence to 3 years imprisonment.

Orders of the Court

1. Accused Andrew Bini is sentence to 3 years imprisonment,
2. The period spent in custody on remand to be deducted from this sentence,
3. No further orders

THE COURT
Hon. Justice Leonard R. Maina
Puisne Judge