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Regina v Meke [2018] SBHC 13; HCSI-CRC 123 of 2017 (22 January 2018)

REGINA

V

MICHAEL NAMAN MEKE

IN THE HIGH COURT OF SOLOMON ISLANDS
(Mwanesalua, DCJ)

Criminal Case No. 123 OF 2017

Date of Hearing: 30^th November 2017
Date of Sentence: 22^nd January 2018

Mr. Bradley Dalipanda for the Crown
Mr. Clifton Ruele for the Accused

SENTENCE

Mwanesalua, DCJ: This accused pleaded guilty to one count of house breaking with intent to commit felony, contrary to section 301 of the Penal Code. Further, he pleaded guilty to two counts of rape, contrary 136 F (i) (a) of the Penal Code (Amendment) Sexual Offences Act 2016 (Cap. 26).

The offences were committed between 4.00am and 6.00am on 21^st August 2016, at King Solomon Hotel in Honiara. The facts of the offences were agreed between crown and defence counsels before the hearing.

The agreed facts are that on Sunday 21^st August 2016, between 4.00am and 6.00am, the accused went to Honiara Hotel. First he went to room No. 109 and broke its window.

He left that room and went to room No. 304. Sleeping in that room was the victim Juliet Tabaia. She did not lock the door, as two of her female work colleagues sleeping with her, were yet to come into the room.

The victim slept on a high bed. As she was sleeping, she felt that someone was lying down on her. She woke up and saw that the accused was lying on her. She tried to ring reception, but the accused disconnected the land line from the phone.

She struggled but the accused held her throat tightly. The accused then told her to keep calm, as he merely wanted to have sexual intercourse with her and nothing more.

The victim kept on struggling with the accused, which caused them to fall down onto the floor. The victim then became very scared about the safety of her life. She then removed her underwear and the accused had sexual intercourse with her without her consent. The accused ejaculated in her vagina.

The accused then asked the victim for money. But the victim told the accused that she did not have any money. She then told the accused to take her mobile phone which had faulty battery and leave the room.

The accused told the victim that he did not need a mobile phone but money. While they moving around the room, they came close a drawer which divides the sleeping room and the bathroom, she saw a screw driver, but the accused quickly removed it from the victim. The victim was very disappointed with the action of the accused in removing the screw driver from her.

The accused then threatened the victim with the screw driver to have sexual intercourse with him again. Since the accused was armed with that weapon she was afraid. The accused then had sexual intercourse with her without her consent the second time.

While the accused was still having sexual intercourse with the victim, the victim picked the screw driver at the scene and stabbed the accused with it several times. The accused bled profusely and left the victim.

The victim provided a victim impact statement in relation to the offences. They damaged her self-esteem as an individual; they will remain in her mind; she was traumatised by the offences; she was fearful; they tarnished her name among persons who know her; damaged her relationship with her partner; and experiences sleeplessness and fear.

The accused is married with children. He has twenty-four previous convictions. The cases were heard before the Magistrate in Honiara and one case was heard by the Magistrate Court in Gizo.

The accused is sentence as follows for his offences:

Count 1. Two years imprisonment
Count 2. Eight years imprisonment
Count 3. Eight years imprisonment

Order: that the sentences are to be served concurrently to be effective from the first day he was taken into at the Rove Remand Centre in Honiara.

THE COURT

Hon. Justice Francis Mwanesalua
Deputy Chief Justice