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R v Laera [2021] SBHC 155; HCSI-CRC 118 of 2012 (15 October 2021)

HIGH COURT OF SOLOMON ISLANDS

IN THE HIGH COURT OF SOLOMON ISLANDS
CRIMINAL JURISDICTION

Criminal Case No. 118 of 2012

REGINA

V

PATTERSON LAERA

Circuit: Lata, Temotu Province

Ratu O for the Crown
Fagani M for the Defence

SENTENCE

You, Defendant Patterson Laera had pleaded guilty and convicted on three counts of rape contrary to section 136 of the Penal Code (Cap 26).

And the particulars of the offence are that on three different occasions on unknown dates between 1^st and 5^th April 2003, 15^th and 30^th April 2003 and 1^st and 30^th April 2003 raped a girl namely Catharine Koaba.

Agreed facts

The complainant Catharine Koaba was 10 years old at the time of the offending and the Defendant Patterson Laera was about 44 years old when he committed this offence. He is now 64 years of age. The Defendant had sexual intercourse with the complainant at three different occasions.

First incident

The first incident occurred on unknown date between 1^st and 5^th April 2003 when the defendant approached the complainant and told her to go with him to the bush at the Pama land to get some betel nut buds.

When they arrived at Pama bush land the defendant told the girl to lie down on the ground. She then lay down on the ground without knowing anything. The defendant then knelt to his knees and pull out his erected penis. He held the complainants dress to his chest and separated her legs.

The Complainant tried to shout but the defendant shut her months with his right open palm and told not to shout. He told Complainant that he will give her lollies and chewing gum.

Second Incident

This incident occurred on unknown date between 15^th and 30^th April 2003. The defendant accompanied by his daughter and the victim to Pama bush land to cut the sago palm leaves. When they arrived at the bush leaf hut, the defendant told his daughter to go back to the village to and get the fire. The daughter then went and defendant knelt down undress himself and pushed his finger in and out in the victim’s vagina. Later the defendant pushed his erected penis into the girl’s vagina and she felt pain. The girl cannot do anything as she was a small girl and she just bore the pain. The defendant moved his buttock up and down until he ejaculated. Then he rubbed it around the victim’s vagina.

Then the defendant pushed his erected penis a bit inside the victim’s vagina in and out until he was ejaculated. At that time, it was very painful to the complainant.

Third Incident

It was on unknown date between 1^st and 30^th April 2003 during the complainant’s primary school picnic at Naba beach when the defendant told the complainant to go with him for fishing trip with his wife and the kids who were staying at beach.

While they were fishing, the defendant paddled the canoe out of the Naba point. At the point, he told the complainant to follow him to the nearby bush. They went and at the bush the defendant moved closed to her, grabbed and laid her facing up. Defendant took off his trousers, knelt beside her legs and lifted up her dress to her belly.

The defendant separated her legs apart and pushed his erected penis into her vagina. The victim felt pain from the defendant’s penis and it was too big for her. He moved his buttock up and down until he released his sperm in the victim’s vagina. Then, they paddled back to where his wife and the child were.

The defendant warned the complainant not to tell anyone about the incident. The complainant said during the three occasions she did not agree to the sexual intercourse with the defendant

The Penalty

The maximum penalty for rape contrary to section 136 of the Penal Code (Cap 26) is life imprisonment.

Mitigation features

Defendant has pleaded guilty on all 3 counts of rape and no previous conviction and I give credit to the accused.

Aggravating features

For this case the aggravating features are:

• For age disparity the accused was about 44 years old and the victim was 10 and 11 years at the time of the offence
• The offence was committed to a young girl age about 11 years at the time of offending and being vulnerable person in the society,
• Abuse of trust by the uncle,
• The sexual offences had been repeated by the accused,
• These sexual acts have caused the physical and psychological impacts on the life of the complainant

With the sexual offences, the court has duty to protect young girls as stated by his Lordship Palmer CJ in the case Regina v Manisonia^[1] when he stated that with an aggravating feature the courts have duty to protect young girls at such tender and vulnerable age from continuing to fall victim to this type of deplorable and unacceptable behavior and crime in the community.

Delay

The defence has raised a delay of this case. It is also noted the offence occurred in 2003 but was reported to the Police later in 2005. I agree with counsel’s submission and there is a substantial delay and certainly the court will take into account in the sentence.

Deterrence

It is submitted by the counsel for the Crown the court should bear in minds that prevalence of these offences to protect the women and girls from these types of activities by men in our communities. The sentence should deliver a message to offenders in this country that our laws frowns upon the levity with which men approach sexual intercourse with women without their consent.

The Sentence

This case is not an exceptional case and I noted the personal circumstance and the co-operation by the accused with the Police as by submitted by the defence counsel.

Again I wish to reiterate the concern on the raising of sexual offences in our communities and the cases coming to the court. In particular, the prevalence of sexual offence committed by men to the young females and particularly with close relatives.

This is a serious concern in the country that we must discourse or address. The responsibility lays on every one of us in the country, the National Government, Provincial Government, churches, chiefs in our communities and parents of children.

On part of the court, offenders who are found guilty of the sexual offences are punished for the offences.

The starting point for sentence in the offence is 5 years’ imprisonment.

Taking into account the circumstances of the case, all the submissions by Crown and Defence counsels, the prevalence of sexual offences in this country and communities, the delay of disposing the case, I am satisfied the accused Patterson Laera is sentence for 2 years each for the 3 counts of rape.

Orders of the Court

1. Ct 1 – 2 years’ imprisonment,
2. Ct 2 - 2 years’ imprisonment,
3. Ct 3-2 years’ imprisonment,
4. The sentence to be served consecutively and the total is 6 years’ imprisonment
5. Any period in custody to be deducted from the sentence.

THE COURT
Hon Justice Leonard R Maina
Puisne Judge

^[1] Regina v Manisonia [2017] SBHC 107; HCSI-CRC 241 of 2017 (23 November 2017)