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State v Vukicanagauna - Sentence [2018] FJHC 470; HAC66.2017 (7 June 2018)

IN THE HIGH COURT OF FIJI
AT LABASA
CRIMINAL JURISDICTION
Criminal Case No: HAC 66 of 2017

BETWEEN: THE STATE

AND: SETAREKI VUKICANAGAUNA

Counsel: Ms A Vavadakua for State
Ms K Boseiwaqa for Accused

Date of Hearing: 04 and 05 June 2018
Date of Summing Up: 06 June 2018
Date of Judgment: 06 June 2018
Date of Sentence: 07 June 2018

SENTENCE

[1] This is another case where a child was raped by a close relative. The offender is the cousin brother of the victim. The victim was raped when she went to her farm in Lekutu with her parents and siblings during the Christmas break in 2015. She was 12 years old and a primary school student at the material time.

[2] The Accused lured the victim inside his house next to her farmhouse after exposing his private genitals to her when she went to wash dishes at a tap outside his house. When she entered the house, he performed oral sex on her and then had sexual intercourse with her. She did not report the incident to anyone until nine months later when she confided in her school teacher about what her cousin had done to her.

[3] The seriousness of any offence is determined by the maximum penalty prescribed for it. For rape, it is life imprisonment. The tariff for rape of a child is 10-16 years’ imprisonment (Raj v State [2014C 12; CAV0 CAV0003.2014 (20 August 2014)).

[4] Rape of a child is so abhorrent that a condign punishment must be imposed to mark the community&#82outrage against such crime. Sexual violence against childreildren by their relatives is too prevalent in our society. Rape is the worst form sexual violence. The courts will continue to take a tough stance on offenders who rape children by imposing long prison sentences to denounce the crime and to give effect to the principle of deterrence for others.

[5] In this case, there is very little evidence of remorse by the offender. There was evidence of a traditional apology made to the victim’s family in which the offender had cried, but the value of that apology diminished when the offender took the defence of alibi at the trial. What value an apology has when the offender later claims that he was not at the location of the crime at the material time and the allegation of rape against him was fabricated by the victim?

[6] When the offender committed the crime he was 18 years old. Now he is 21 years and married with a child. He supports his family and elderly parents by farming. He is a first time offender. The mitigating factors are the offender’s young age and previous good character.

[7] The aggravating factors are:

1. The offender is the victim’s cousin brother. As an adult male relative, he breached the victim and her family’s trust.
   
2. The victim was vulnerable due to her young age and her socio-economic background. She came from a rural community with little support to report sexual abuse due to cultural constraints.
   
3. The sexual abuse had a psychological toll on the victim. It took the victim nine months to confide and report to her school teacher. She cried when she relayed the abuse to her teacher.
   

[8] After taking all these factors into account, the offender is sentenced to 11 years’ imprisonment. The remand period is three months. The remaining term to be served is 10 years and 9 months imprisonment. Due to the offender’s youth at the time of the offence and his previous good character, the prospect of rehabilitation is high. I decline to fix a non-parole period.

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Hon. Mr Justice Daniel Goundar
Solicitors:
Office of the Director of Public Prosecutions for State
Office of the Director of Legal Aid Commission for Accused