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R v Kodo [2021] SBHC 163; HCSI-CRC 252 of 2022 (2 November 2021)

HIGH COURT OF SOLOMON ISLANDS

IN THE HIGH COURT OF SOLOMON ISLANDS
CRIMINAL JURISDICTION

Criminal Case No. 252 of 2021

REGINA

V

JACKSON KODO

Date of Sentence: 2 November 2021

Meioko A for the Crown
Kama for the Defence

SENTENCE

Maina PJ;

You, Accused Jackson Kodo were found guilty after a trail and convicted on all seven counts of offences under the Penal Code (Amendment) (Sexual Offences) Act 2016 and Penal Code (Cap 26)

The counts are:

• 3 counts of Sexual intercourse with a child under 15 years,
• 2 counts of Indecent Acton on a child under 18 years,
• 1 count of Sexual intercourse with a child under 18 years and;
• 1 count of Common Assault contrary to section 244 of the Penal Code

Brief Facts of the case

• There were two incidents happened between 1^st January 2017 and 31^st December 2017.

At one morning of a day in the complainant’s room, the accused went into her and had sexual intercourse with the complainant.

And at one night when the complainant was inside her room, the accused came and had sexual intercourse with the complainant. She cried and her mother came to her.

• Two incidents were committed by the accused Jackson Kodo between 1^st January 2018 and 31^st December 2018.

Complainant was sitting at the veranda of their house and the accused came held the vagina and the breast of the complainant.

On another occasion the Complainant was sleeping at the veranda of their house and the accused came and remove her clothes and had sexual intercourse with the complainant.

• Two incidents were committed by the accused Jackson Kodo between 1^st January 2019 and 31^st December 2019.

The accused showed indecent movie by his mobile phone to the complainant at the veranda of their house while the complainant was having tea with her uncle’s child.

On another time the complainant was in her room in their house when accused came in the room and had sexual intercourse with the complainant.

He had sexual with her and later the complainant felt she was pregnant to the accused.

• One incident occurred on 9^th December 2020

The complainant went to see her friend and the accused went and looked for her. The accused found the complainant at the village and he slapped on the face and kicked her.

Aggravating features

These matters are noted as aggravating features in this case:

• For age accused was 30 years and the complainant was under 15 years old and under 18 years old.
• Abuse of trust by the step-father,
• The offences were premediated being planned by the step- father,
• The offence was deemed repeated over times and step- father was not able to realized that what he had was wrong, and
• It caused the physical and psychological impacts on the life of the complainant.

Mitigation

Noted the accused is married to the complainant’s mother with no children and substance copra farmer.

Credit and take into account in the consideration no previous conviction for the accused.

The Sentence

For the sexual intercourse offences, the court gives less consideration on mitigating factors and in particular with the offences with abuses of trust as you did in the case. It is also a disgrace and shameful acts for you, your people and even your community. The acts by you are not only contrary the law but also against religion and customs of the people.

Sexual offences are becoming common in our communities and this is noted from the cases coming to the courts. It is so as with the cases that have been brought to court at this circuit sitting and the previous court circuits sitting in this part of the country.

The commonness or frequency of the sexual acts in our communities these days may a joke or fun to a lot of people and as being the character of typical Solomon Islanders to make fun about it but I wish to caution that this is a serious concern or matter and should be everyone’s concern and that we must discourage or stop this attitude of the people before it gets worse.

You, also caused the physical and psychological impacts on the life of the complainant and would be so to her and throughout her life.

With this case the starting points in the sentence is 5 years. I take into account in the sentence the facts, aggravating features and mitigating factors. I noted and considered the sentencing submissions by both the Crown and defence counsels. And with the circumstances of the case, I sentence you, Kodo on the charges as follows:

Order of the Court

1. Count 1 – Five (5) years imprisonment,
2. Count 2 – Five (5) years imprisonment,
3. Count 3 – One (1) years imprisonment,
4. Count 4 – Five (5) years imprisonment,
5. Count 5 - One (1) years imprisonment,
6. Count 6 - Five (5) years imprisonment,
7. Count 7 – Six (6) months imprisonment.
8. Counts 1 and 6 to be served consecutively,
9. Counts 2, 3, 4, 5 and 7 is to be served concurrently to counts 1 and 6 sentences of 10 years’ imprisonment
10. Time spent custody to be deducted from the sentences,
11. No further order

THE COURT
Hon. Justice Leonard R Maina
Puisne Judge