HIGH COURT OF SOLOMON ISLANDS

Case name: 	R v Wehi	
		
Citation:		
		
Date of decision: 	24 May 2019	
		
Parties: 	Regina v Bethuel Wehi	
		
Date of hearing: 	21 May 2019	
		
Court file number(s): 	CRC 553 of 2019	
		
Jurisdiction: 	Criminal	
		
Place of delivery: 		
		
Judge(s): 	Mwanesalua; DCJ	
		
On appeal from:		
		
Order:	The Defendant Mr Bethuel Wehi is accordingly sentenced to three (3) years Imprisonment for the crime from today the 24th of May 2019. Order accordingly 	
		
Representation: 	Ms. O Ratu for the Crown 
Mrs. C Ruele for the Accused 	
		
Catchwords: 		
		
Words and phrases:		
		
Legislation cited:		
		
Cases cited:		

IN THE HIGH COURT OF SOLOMON ISLANDS
CRIMINAL JURISDICTION

Criminal Case No. 553 of 2016

REGINA 

V

BETHUEL WEHI
Accused 
Date of Trial: 21 May 2019
Date of Judgment and Sentence: 24 May 2019

Ms. O. Ratu for the Crown 
Mrs. C Ruele for the Accused
Counsel for the Crown and Defendant agreed summary of facts:
1. 	The name of this Defendant is Bethuel Wehi and the complainant is Vivian Tubu, they are both from Maniate Village in East Wainoni, Makira/Ulawa Province.
2. 	The Complainant is the daughter of the second cousin sister of the Defendant.
3. 	On the 10th of May 2011, the complainant and two of her other sisters went to the Defendant to assist in preparing homemade pudding called Susugu.
4. 	At around 7pm after they have done preparing pudding, the Defendant asked the complainant to go with him to collect Megapod eggs where he dug and put them.
5. 	The Complainant and the Defendant left. The Defendant carried a knife, a torch light and a bag. They followed a road and reached a spot, where into a bush and walked along the beach.
6. 	The Defendant advised the Complainant to wait while he went to relieve himself. The Defendant returned without his clothes and told the Complainant that he liked her. The Complainant was afraid and cried.
7. 	The Defendant approached the Complainant, grabbed her hand and pulled her towards him. The Complainant refused and attempted to free herself. The Defendant threatened her by telling her that if she refused, he would hurt her with his knife.
8. 	The Complainant was afraid of the Defendant so she lay down and the accused had sexual intercourse with her. She did not enjoy that act as she did not consent to it.
9. 	The Defendant warned the Complainant not to tell anyone about what he did to her or he would hurt her. However, on the following day, the Complainant told John Kamare and John Wehi who are from the same village about the incident.
10. 	The matter was later reported to the Police and the Defendant was arrested and charged.
11. 	The Complainant was born on the 26th of February, 1997 and was 14 years old when the offending occurred. The Defendant is now in his late 50s.
12. 	Sometimes after the incident, the Complainant left to Isabel with her family and has been residing there until today.
13. 	This court does not have antecedent record on the Defendant Mr Bethuel Wehi is accordingly sentenced to Three (3) Years Imprisonment for the crime from today the 24th of May, 2019. Order accordingly.
THE COURT
Honourable Justice Francis Mwanesalua
Deputy Chief Justice