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R v Ivernis [2022] SBHC 99; HCSI-CRC 368 of 2021 (12 August 2022)

HIGH COURT OF SOLOMON ISLANDS

IN THE HIGH COURT OF SOLOMON ISLANDS
CRIMINAL JURISDICTION

Criminal Case No. 368 of 2021

REGINA

V

WALTER IVERNIS

Date of Hearing: 11 August 2022
Date of Decision: 12 August 2022

Mr A Meioko for the Crown
Mr H Max for the Defendant

Lawry, PJ

SENTENCE

Introduction

1. Walter Ivernis you have pleaded guilty to one count of rape contrary to section 136 F (1) (a) and (b) of the Penal Code as amended by the Penal Code (Amendment) (Sexual Offences) Act 2016. You now appear for sentence.

Facts

2. On 15 February 2020 you were with another person at or near Peava Logging Camp. You were drunk. You met the complainant and her sister as they were going to visit a relative. When they left that house you and the person you were with, spoke to the two women. At first they ignored you. You approached them and the four of you began talking and joking. You asked to hold the victim’s genital area. She ignored you. When you tried to grab the front part of her dress she laughed then walked away from you.
3. As the women went to leave, you blocked the victim so she could not get away. The other man also helped block any escape. There was a struggle between you and the victim. You held her from behind and pushed your finger into her vagina. She continued to struggle you tried to put your hand through her trousers under her dress. She managed to sit on the floor shouted out and cried. Another person hearing the voice came and spoke with you and you then left.
4. The victim, suffered lacerations and bruising to the wall of her vagina. There was bruising on her cervix. She suffered fresh bleeding. The outside of her vagina had scratches. She had bruising on her thigh. These injuries were caused by you as you sexually abused her.

Aggravating Factors.

5. You were intoxicated. You and the man with you worked together so you could violate the victim. The Crown also points to the disparity in your ages but I do not regard that as particularly aggravating as you are both adults, she in her twenties and you in your thirties.

Mitigating Factors

6. You have entered a guilty plea. However, the plea was entered shortly before the trial was due to start.
7. Your counsel has submitted that the complainant has placed herself in a vulnerable position. I reject that submission. She is not to blame for your criminal conduct. When she tried to leave you prevented her from doing so.
8. Your counsel says you are remorseful and regret what you did. You have not previously been convicted.
9. He says that the act was not premeditated. That is not a mitigating factor. If it had been premeditated, that would be an aggravating factor. I also reject that submission as the two of you men co-operated together to allow the attack and to prevent the victim from leaving.

Delay

10. You were committed to this Court on 19 March 2019. The Crown did not file an Information until January 2021. That delay is inexcusable. You had the stress of this case hanging over you without charge for a year before the COVID 19 pandemic took its effect in Solomon Islands and nearly 22 months since committal.

Deterrence

11. I must impose a sentence that will discourage you and others from preying on others for your own sexual gratification. I am required to consider the need for both general and specific deterrence. There is a need to deter you from behaving in such a criminal manner again. The community needs to understand that those who sexually abuse others will be sentenced to significant terms of imprisonment.

Starting point

12. Counsel correctly refer to the High Court decision of R v Ligiau and Dori [1986] SBHC 15 as the case that provides guidance for sentencing in cases such as yours. For your case I take a starting point of five years’ imprisonment. I increase that to reflect that you and the man with you co-operated together to prevent the victim form escaping. I need to also take account of the injuries you inflicted on her.
13. After allowing for the aggravating factors the starting point is then seven years’ imprisonment. I give you credit for your guilty plea. It was not at the earliest opportunity as you changed your previous plea shortly before your trial was to commence. I allow a reduction of two years to reflect your change of plea and expression of your resource. For the delay caused by the prosecution, for your previous good character and the remaining mitigating factors, I allow a further reduction of six months.
14. That leaves a final sentence of 4 years 6 months’ imprisonment. I understand that you have been on bail except for two days following your arrest. The sentence of four years and six months’ imprisonment commences today.

Orders

1. The accused is convicted and sentenced to 4 years 6 months’ imprisonment commencing today.

By the Court
Justice Lawry PJ