IN THE MAGISTRATE COURT OF FIJI
AT RAKIRAKI
CRIMINAL JURISDICTION

CRIMINAL CASE NO. 156/10

BETWEEN:

THE STATE

AND:

SAKARAIA BILO & WILIAME GONECA

Prosecution: DPO/Western (ASP Anil Prasad)
Both Accused: In Person

SENTENCE

1.	Sakaraia Bilo & Wiliame Goneca on 9th January 2013, this matter was called for hearing. Prior to commencement of hearing, both of you indicated to the Court that you wanted to change your pleas.

2.	The charge was read and explained to you both. Both of you pleaded guilty and also informed the court that you are pleading guilty on your own free will. The facts were read and tendered by prosecution and both of you admitted the same. The Court finds your guilty pleas to be unequivocal and you've both convicted as charged. 

3.	The facts of the case are on 25th of March 2009 between 7pm-8pm at Vanuakula Village, Nalawa Ra, there was a church gathering being held. A group of villagers including the two of you came to the location where the church gathering was held and began assaulting members of that church gathering which included men and women.

The complainant (Oriva Tubuinasau, 17yrs) was part of the church group and she ran towards the bushes after they were attacked by the two of you with others.

You Sakaraia Bilo went into the bushes and located the complainant. You assaulted her whilst Wiliame Goneca also came. The complainant was also kicked on the face. She was unconscious and was taken to a vacant house in the village. There at the vacant house both of you took turns and had sexual intercourse with her without her consent. Both of you raped the complainant twice before leaving the complainant at the vacant house. The complainant regained conscious and noted that she was naked. She got her clothes and went to her grandfather's house in the village. She informed her father about what transpired and was taken for medical examination due to injuries she sustained (see medical report). The matter was than reported to police and relevant enquiries carried out.

Both of you were arrested and during the caution interview you both admitted committing the alleged offence against the complainant. 

4.	Both of you have mitigated and I take the following in your favor:

•	First offenders;
•	Guilty pleas;
•	Remorseful and sorry for your actions;
•	Promise not to re-offend.
•	Family circumstances.

5.	I consider the aggravating features in this case as being:

•	Complainant being a juvenile;
•	Violence used to carry out your intended acts.
•	The fear that you put the complainant through.
•	Prevalence of similar offending in community.
•	Wrongfully confining the complainant in a vacant house to carry out your immoral conduct.
•	Injuries sustained by the complainant as per her medical report.

6.	The maximum penalty for rape is life imprisonment. In Kasim v State [1994] FJCA 25; Aau0021j.93s (27 May 1994, it was established that the tariff for rape on adults would be a starting point of 7 years without any mitigating or aggravating circumstances. In Drotini v The State Criminal Appeal No. AAU0001.2005S, the Court of Appeal established the starting point of 10 years imprisonment for the rape of a child by a family member. 

7.	In this case although the complainant is a juvenile, it can be easily distinguished from Drotini (supra) because complainant was not closely related to any of you as a family member. As the court sees it, this was an opportunist offending and both of you did your lascivious acts on a helpless and vulnerable person whilst she was unconscious. For that reason I would take a starting point lower than 10 years. I commence your sentences at 9 years. 

8.	For the aggravating features I increase your sentences by 4 years. Your sentences are now 13 years. 

9.	For your guilty pleas albeit late, I reduce your sentences by 2 years. This being your first offences and other mitigating circumstances I further reduce your sentences by 3 years. Your final sentences are now 8 years imprisonment each.

10.	I order that you each serve an imprisonment term of 8 years. I further order that you each serve a non-parole period of 7 years before being eligible for parole.

11.	This sentence should be a lesson to the two of you and a warning to other would be offenders in community.

12.	28 days to appeal.

_________________________________
Samuela Qica
Resident Magistrate

10th January 2013