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Regina v Kenel [2016] SBHC 75; HCSI-CRC 436 of 2014 (27 May 2016)

HIGH COURT OF SOLOMON ISLANDS
(Mwanesalua, DCJ)

Criminal Case No. 436 of 2014

REGINA

–V-

KENNEDY CLIFTON KENEL

Date of Sentence: 27 May 2016

Mr. Willy Vai for the Crown
Mr. Chris Rarumae for the Defendant

SENTENCE

The Defendant, Kennedy Clifton Kenel, has been convicted of five counts of indecent assault under section 141 (1) of the penal code. He committed the offences with the victim between 1 January 2013 and 5 January 2014. He entered guilty pleas to all the counts.

During these incidents, the victim accompanied the Defendant into the bush. He laid the victim on the ground and mounted her. He then rubbed his penis on her vagina.

The aggravating features in this case are that: the victim was eight years old when the offences occurred; that her labia was bruised and inflamed; that her clitoris was inflamed; that the victim is his niece,; that Defendant is an adult, whilst the victim was a child; and that the offences of indecent assault were repeated.

There are mitigating features in this case. They are that the Defendant has no previous convictions; there was some delay in the hearing his case; and that he pleaded guilty to all the offences.

The Defendant is convicted and sentenced as follows:

Count 1: one year imprisonment
Count 2: one year imprisonment
Count 3: one year imprisonment
Count 4: one year imprisonment
Count 5: one year imprisonment

Total Sentence: Five years imprisonment.

This sentence is to start on the date that he was first remanded in custody. Order accordingly.

THE COURT