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R v Sasapio [2017] SBHC 153; HCSI-CRC 514 of 2016 (29 September 2017)

HIGH COURT OF SOLOMON ISLANDS

IN THE HIGH COURT OF SOLOMON ISLANDS
CRIMINAL JURISDICTION

Criminal Case No.514 of 2016

REGINA

v

WILLIAM SASAPIO

Date of Sentence: 29 September 2017

Mr. Andrew E. Kelesi for the Prosecution
Mr. B. Ifuto’o for the Accused

SENTENCE

Mwanesalua, DCJ: The accused William Sasapio was convicted on one count of defilement, contrary to section 142 of the Penal Code. This was after he was acquitted of rape, contrary to section 137 of the Penal Code. Both offences carry a maximum sentence of Life Imprisonment.

However, section 24 (2) of the Penal Code states: “(2) a person liable to imprisonment for life or any other period may be sentenced for any shorter term”. In Mulete v. DPP and Poini v. DPP [1985/1986] SILR 145, the Court of Appeal said that the sentencing policy for future guideline was that each case must depend on its own facts but such matters as disparity, abuse of position of trust, subsequent pregnancy and the character of the complainant were relevant matters though were not exclusive in themselves.

The victim had not yet started having her periods when the Accused had sexual intercourse with her. There was no sperm and bleeding in her vagina. However, she had sexual transmitted disease with an open vagina (without hymen)

This proves the Doctor’s view that the accused was unlikely to be the first person to have sexual intercourse with the complainant.

The Accused is the uncle of the complaint. He was clearly in breach of that relationship when he committed his offence with her.

The Accused has no previous convictions. He was thirty years when he committed the offence. The Accused and complaint both live at Terere Village at Munda.

The Accused is sentenced to two years imprisonment from today 29^th September 2017. Order accordingly.

THE COURT
............................
Francis Mwanesalua
Deputy Chief Justice