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Regina v Tebaia [2016] SBHC 115; HCSI-CRC 169 of 2014 (19 July 2016)

IN THE HIGH COURT OF SOLOMON ISLANDS

Criminal Jurisdiction CRC 169 of 2014

Regina v. Mose Mote Tebaia

Date of sentence: 19^th July 2016.

Mr. Talasasa for the Crown

Mr. Gray G for the Accused

Kouhota PJ:

Sentence

You are found guilty after trial of three offences; rape, assault occasioning actual bodily harm and indecent assault committed on your niece Ms. Carol Eden Tebaia. You met the complainant while drunk and hanging around with her friend at the 02 bus stop at White River in the early hours of 26^th December 2013. You assaulted her and acted as if you were concern about her behaviour and led her to your house.

However, once inside your house and in your room, you intimidated her and stopped her from leaving then had sexual intercourse with her. Although no physical violence was used she had sexual intercourse with you because of you intimidated her. By doing that, you had abused the trust placed on you as an uncle. Rape is a serious offence. This is reflected in the penalty prescribed for this offence by Parliament which is life imprisonment

You must have known that is wrong in law and in custom to do what you did. The scar of your action will remain with complainant for a long time, if not for the rest of her life. I take into account the circumstances of your case and the sentences imposed by this Court for similar cases in the past as pointed out by counsel. There is no record of any previous conviction hence I treat you as a first offender. Having considered all the factors I sentence you as follows;

1. Rape 5 years imprisonment
2. Assault causing actual bodily harm 6 months imprisonment
3. Indecent assault 1 year imprisonment.
4. Total 6 years and 6 months

Order that sentences be served concurrently and time spend in custody be calculated as part of the sentence.

IRA

The Court

Emmanuel Kouhota
Puisne Judge.