IN THE HIGH COURT OF FIJI
AT LABASA
CRIMINAL JURISDICTION

Criminal Case No. HAC 61 of 2018

STATE

v

FILIPE KOROI

Counsel	:	Mrs. A. Vavadakua for the State
			Mr. J. Koroti with Ms.M. Tuiloma (L.A.C.) for the 				Accused

Dates of Trial		: 	19 and 20 March 2019
Date of Judgment	:  	21 March 2019
Date of Sentence		:  	22 March 2019

SENTENCE

1.	The accused in this case has been convicted of rape. The 	evidence at trial was that on the 18th July 2018, in a very 	remote village in Cakaudrove, he, aged 18, raped his 6 year old 	male cousin. They both lived in the same village and after 	dinner on the evening in question, the boy’s mother had left 	them alone. They were both on the boy’s bed when the assault 	happened. 

2.	The 6 year old gave evidence to the Court and it was heart 	breaking to observe the distress and shock that he still appears 	to be displaying. Although it is the accused’s Constitutional 	right to defend himself against a serious charge of rape, it is 	always unfortunate when a child victim, especially one of this 	age, has to be put through the ordeal of a trial. This ordeal was 	compounded and seriously aggravated for these purposes of 	sentence when the defence mounted by the accused was that 	this 6 year old instigated the sexual encounter and maneuvered 	himself to enable the rape to be effected. This court dismissed 	that defence as absurd and impossible.

3.	The Supreme Court has in the case of Aitcheson CAV0012 of 	2018 decided that the rape of a juvenile must attract a sentence 	of between 11 and 20 years. All of the higher courts in Fiji have 	expressed their alarm and concern for what appears to be an 	unprecedented prevalence of sexual abuse of the nation’s 	children and tragically effected in many cases by relatives of the 	victims. 

4.	Society is losing its patience with this abhorrent situation and 	expects such perpetrators to be punished severely within the 	heavy range of terms of imprisonment mandated by the 	Supreme Court. To this expectation a sentence must too 	recognize the youth and previous good character of the offender. 	Striking such a balance is not an easy exercise for the 	sentencing Court.

5.	The accused is 18 and single and has a clear record. He is a 	yaqona farmer earning $900 per week which he uses to support 	his elderly parents and brother. 

6.	The aggravating features of this case include his shocking abuse 	of trust when his young cousin was entrusted to his care in the 	absence of the mother. It is also an aggravation that he 	attempted to defend himself by blaming the child for instigating 	and physically enabling the offence, a defence that is impossible 	to believe. It is beyond imagination that a 6 year old boy would 	have lustful desires that would embolden him to stimulate a 	well-built 18 year old into such sexual activity. 

7.	I take a starting point for this offence at 12 years imprisonment. 	For the aggravating features referred to above, I add a further 	term of 5 years imprisonment to that starting point. 

8.	For his hitherto clear record I deduct 2 years and for his limited 	family mitigation and for the time already spent in custody 	awaiting trial, I deduct 1 year leading to a total term of 	imprisonment of 14 years imprisonment. 

9.	The abhorrence of the community for this sexual abuse of a 6 	year old far outweighs the encouragement of Fiji’s sentencing 	guidelines to have regard to the rehabilitation of a young 	offender and the need to protect such a young offender from the 	perceived perversion of a prison environment. However in 	recognition of the accused’s young age I further reduce the 	sentence to a term of 12 years imprisonment and I order that he 	serve a minimum of 10 years before he be eligible for parole.

10.	In addition I put in place a Domestic Violence Restraining Order 	with the accused as perpetrator and the victim as the protected 	person, such order to remain in effect until further order of the 	High Court. 

Orders

1.	The accused is sentenced to a term of imprisonment of 12 years.
2.	He is to serve 10 years of that sentence before he be eligible for parole.
3.	A domestic violence restraining order is to be effected with the accused as perpetrator and the 6 year old victim as the protected person.

		P. K. Madigan
		Judge

At Labasa
22 March 2019