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Regina v Bosamete [2017] SBHC 106; HCSI-CRC 373 of 2015 (16 November 2017)

IN THE HIGH COURT OF SOLOMON ISLANDS

Criminal Case Number 373 of 2015

REGINA

-V-

BOSAMETE

(PALMER CJ.)

Hearing: 27 October 2017
Sentence: 16 November 2017

Ms. Florence Joel for the Crown;
Mr. Clifton J. Ruele for the Defendant.

Palmer CJ.

1. You have pleaded guilty to one count of rape and indecent assault, serious offences under our Penal Code as they both entail a violation of the will, mind, personality and dignity of the victim affected and “... is an offence of violence based on a selfish disregard for the rights and feelings of another and is likely to cause, more than almost any other offence, serious and long-lasting harm to the victim”^[1].

2. In the case of R. v. Roberts and Roberts^[2], in the English Court of Appeal, the Chief Justice, Lord Lane in his remarks on sentencing guidelines described rape as follows:

“Rape is always a serious crime. Other than in wholly exceptional circumstances, it calls for an immediate custodial sentence.... A custodial sentence is necessary for a variety of reasons. First of all to mark the gravity of the offence. Secondly, to emphasize the public disapproval. Thirdly to serve as a warning to others. Fourthly to punish the offender, and last, but by no means least, to protect women. The length of the sentence will depend on all the circumstances.”

3. The seriousness of the offence of rape is reflected in the law with a maximum sentence of life imprisonment that can be imposed in the most serious of cases. Each case however, should be considered on its own merits and circumstances and sentences of varying terms of imprisonment are imposed depending on the presence of any aggravating or mitigating factors.

4. The starting point for rape by an adult, as set out in the case of R. v. Ligiau and Dori^[3], and endorsed by the Court of Appeal of Solomon Islands in Soni v. Reginam^[4], without any aggravating or mitigating features in a contested case, is five years. In this case where the defendant is a juvenile, being 16 years at the time of commission of crime, this should be reflected by a reduction in the starting point to about 3 years in a contested case.

5. I am satisfied the starting point in this case, where a guilty plea has been entered would be 2 years.

6. Where violence or force has been used resulting in injuries (bleeding) to the vaginal area of the victim, consistent with forced sexual penetration, the sentence will be higher. In this case, the agreed facts indicate some form of penetration or attempt and causing abrasion injury and redness on the vagina of the victim. He also ejaculated and held her vagina a couple of times.

7. An aggravating feature in this case which this court cannot ignore as well is the age of the victim, being only a little child at four years old. This must raise the level of sentence to be considered by this court but for the fact that the defendant as well is a young person at 16 years old at time of commission of offence. This court therefore is obliged to maintain a balance as to the sentence to be imposed which will not only reflect the seriousness of the offence and the element of retribution and deterrence but also bearing in mind principles of rehabilitation and restoration.

8. I accept your plea of guilty which is consistent with being remorseful and sorry for what you have done. You are a very young person with a future to embrace ahead of you. This type of behavior is however unacceptable in our communities.

9. I note you have been in prison for a long time, about 2 years and six months, awaiting trial of your case; I take that into account in terms of the overall sentence to be imposed. I bear in mind also that this has given you a lot of time to think through issues in life and to redirect the course of your life from hereon.

10. I am satisfied bearing in mind all the circumstances of this case, a sentence of 4 years be imposed. Noting you have spent a substantive part of that in prison, I direct you be released at the rising of the court.

Orders of the Court:

1. Enter conviction for the offence of rape and indecent assault.
   
2. Impose sentence of 4 years for rape and 6 months for indecent assault, both sentences to run concurrent to each other; total sentence therefore is 4 years.
   
3. The period spent in custody is to be deducted from your sentence. Having satisfied myself that a substantive part of the sentence has been served, I direct that you be released at the rising of the court.
   

The Court.

^[1] R. v. Ligiau and Dori [1986] SBHC 15; [1985-1986] SILR 214 (3 September 1986), page 2.
^[2] (1982) 4 Cr. App. R. (S.) 8: Lord Lane CJ, Skinner and Leonard JJ.
^[3] [1986] SBHC 15 SILR (3 September 1986) Ward CJ
^[4] [2013] SBCA 6; Criminal Appeal Case 27, 28, 35 of 2012 (26 April 2013).