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State v Mara [2011] FJHC 229; HAC038.2010 (21 April 2011)

IN THE HIGH COURT OF FIJI
AT LABASA
CRIMINAL JURISDICTION

Criminal Case No: HAC 038 of 2010

BETWEEN:

THE STATE

AND:

JOJI MARA

Counsel: Ms. S Bull & Mr. T Ravuniwa for State
Ms. M. Lemaki for the Accused

Date of Sentence: 21 April 2011

SENTENCE

[1] Joji Mara, after a trial, you were convicted of rape of a nine year old girl in Dreketi, Qamea.

[2] Rape is a serious offence. The maximum penalty for rape is a life imprisonment. In Drotini v The State [2006] FCCA 26; AAU0001.2005S (24 March 2006) the Court of Appeal set a starting point of 10 years imprisonment for rape of a child.

[3] You are 50 years old and married. You are a farmer by profession and your family is depended on you for their livelihood. You have no previous conviction.

[4] The only matter that could be properly considered as a mitigating factor is your previous good character.

[5] Regard must be made to the circumstances of the offending. The victim is related to you through your wife. She sees you as a grandfather and as someone who has authority and control over her. The rape occurred early last year. The victim was playing outside when you called her inside a vacant house near your home.

[6] You made her lie down and took off her clothes. You then touched her vagina and inserted your penis. She cried in pain. You then allowed her to dress and leave. Before she left, you threatened her not to tell anyone about the rape or you would beat her up.

[7] The circumstances of your offending give rise to a number of aggravating factors. You used your authority to violate her. You grossly breached the trust that she placed on you as an authority figure over her. In your evidence, you stated that the victim walked into your house uninvited and made sexual advances to you. You stated that you fell into temptation and indecently touched the victim's vagina. But you denied penetrating the victim's vagina with your penis.

[8] I find your evidence that you were lured by a nine year old child an affront to common decency that children have at that age.

[9] I accept that you did not use physical violence on the victim during the rape, but I consider the threat that you made after the rape to silent her, as an aggravating factor.

[10] I cannot asses the long term effect of rape on the victim at this stage, but I do consider that the incident must have been traumatizing for her.

[11] Sexual offences against children by persons in positions of authority and trust are becoming too prevalent in our society. The courts take a serious view towards offences against children.

[12] The purpose of sentence that applies in your case is special and general deterrence. A condign punishment must be imposed to reflect the society's disapproval of your offence.

[13] I pick 10 years as my starting point. I add 4 years to reflect the aggravating factors. I reduce 2 years to reflect your previous good character and the remand period of 4 months.

[14] I sentence you to 12 years imprisonment with a non-parole period of 10 years.

Daniel Goundar
Judge

At Labasa
Thursday 21 April 2011