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Regina v Ladoi [2015] SBHC 25; HCSI-CRC 402 of 2013 (10 April 2015)

HIGH COURT OF SOLOMON ISLANDS
(Mwanesalua J)
CRIMINAL CASE NO. 402 OF 2013

REGINA

V

JACK LADOI

DATE OF JUDGMENT: 10 April 2015

Ms. M. Suifa'asia for the Crown
Mr. M. Holara for Accused

SENTENCE

Mwanesalua, J:

1. Jack Ladoi (the Accused) was charged with two criminal offences under the Penal Code (Cap. 26). The first offence is grievous harm, contrary to section 226. This offence carries a maximum sentence of fourteen years imprisonment. The second offence is attempted rape, contrary to section 138 which carries a sentence of seven years imprisonment. The offences were committed by the Accused on 28 March 2013. He pleaded guilty to both offences when he was arraigned.
   
2. The facts of this case are that: The victim lives at Burns Creed in East Honiara. She lives there with her husband and children. In the afternoon of 28 March 2013 she left the family house to the garden to harvest cassava for the family. The garden was situated near the place where the Lunga River divides into braches. One branch flowing east and the other branch flowing west. The garden was situated near the side of the western branch of the Lunga River.
   

Upon her arrival at the garden she checked her patch of cabbages. She harvested cassava and placed them in a bag. She then came down the road and met the Accused and another man following up the road. They said good evening to her and she left them.

On her way down she thought that the cassava she harvested might not be enough for her family. She then left the bag on the road and walked to harvest some more cassava near some banana trees. She was walking close to the banana trees when the Accused jumped towards her with his knife in his hand. He was going to stab her when she jumped away but fell down to the ground on her stomach. He grabbed her dress and tore it from the level of her breasts on the left side. He sat on her placing his knife at her neck. He told her he was going to have sexual intercourse with her. She told him to leave her and that she would give him some money when she got back to her house. He told her that he did not need money. He told her to open her legs so that he could have sexual intercourse with her. She refused and they struggled when a man arrived at the scene. The Accused stabbed the right palm of the victim's hand with his knife and escaped from the scene. The victim felt dizzy after the incident and was assisted to her house by a woman named Ester Suka'a. The victim was taken to the Referral Hospital on the same day and was discharged on 30 March 2013.

3. The Accused was charged by the Police on 3 April 2013. He was committed for trial before this court and remanded in custody as from 19 August 2013. He pleaded guilty to both counts on 13 March 2015 and was brought to court for sentence today. He was in custody for two years thirteen days awaiting for his case to be heard in court.
   
4. He has no previous conviction. Both offences are serious as reflected from their respective sentences as alluded above.
   
5. He is accordingly sentenced to three years imprisonment for grievous harm and two years' imprisonment for attempted rape. Both sentences are to be served concurrently. This means that he will only serve a sentence of three years in prison as from today 10 April 2015. Order accordingly.
   

THE COURT