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R v Faiga [2023] SBHC 179; HCSI-CRC 305 of 2022 (25 August 2023)

HIGH COURT OF SOLOMON ISLANDS

IN THE HIGH COURT OF SOLOMON ISLANDS
CRIMINAL JURISDICTION

Criminal Case No. 305 of 2022

REX

V

RONNY JUNIOR FAIGA

Date of Hearing: 18 August 2023
Date of Sentence: 25 August 2023

Ms Naqu for the Crown
Mr Alasia for the Defendant

SENTENCE

1. Mr Faiga Ronny Junior, I convicted you for sexual intercourse with a girl who was 16 and under 18 years. The girl is your relative and tribal/family member. Trial or family member in our culture/custom is where we find console, shelter, blood connection and social security. That social security is being exploited by men whose cognizance and sensitivity have eroded or subdued to their sexual gratifications. Justification for this sentence are derived from reasons contained in the guilty verdict I delivered 11/08/2023.
2. You allowed your mind to be subdued to your sexual desires coupled with your state of intoxication. Intoxication and your sexual gratification impaired your mind and rationale thinking. You were reckless to respect your own female tribal family member. You submitted to your sexual instincts and committed the worst sexual offending, I have ever come across.
3. You were under the influence of liquor (paragraph 7 of verdict). You tricked your own relative (the victim). You deceived her by taking her mobile number saying you will give credit for her phone. You tricked and offered to take her back to the village in your vehicle. You tricked her saying you will take her to the market to give her something to eat (fish and chips). Instead you drove past Auki market and took her to an isolated spot along the Busurata road, in the hinterlands of Central Kwara’ae. Then you exerted your sexual desires on her in a cruel and violent manner, when she refused to have intercourse with you.
4. I say cruel and violent manner sexual intercourse, when freely given, is something to be enjoyed between male and female. In this case you enjoyed. You released your sperm and sexual feelings that were driving you senseless. But the victim suffered. She sustained serious injuries because you forced her and being drunk, you must have fucked her in a reckless manner, not giving care and gentleness, conducive for normal/consensual sexual intercourse. The victim’s hymen was broken (ton) and serious injuries sustained inside the vagina causing unbearable pain and severe bleeding. It was fortunate that the offending took place next to Kilu’ufi hospital. Urgent medical treatment was secured in a timely manner. Severe blood loss could lead to death, if medical intervention was delayed. This was a frightening situation.
5. What’s worst is the victim had to spend 2 months at Kilu’ufi hospital to receive treatment and to recover from her ordeal. I hold you responsible for that sexually imposed ordeal. I know what it means to get admitted in a hospital. My daughter got admitted at the National Referral Hospital (N0. 9) last year. She had abscess on her private part between her two thighs. She needed operation. She stayed in the hospital for one day, one night and was released the following day. It was a headache because our normal daily activities were interrupted. But we have financial resources to carry us through. I imagine what trauma, pain and hardship the victim and her family had to endure for the 2 months in hospital. They are far from Auki (at Malu’u. they do not have money (see paragraph 31 of verdict). Their normal daily activities were interrupted. They suffered in ways we cannot see along with their suffering daughter.
6. It is going up to 2 years after all the trauma that the victim had to bear because of what you did to her. Her post-trauma shock is still fresh. She’s refusing to go back to school despite encouragement from her parents and despite her knowing that education is important for her future according to her evidence. I hope that she will return to school soon. Education is important for the younger generation of Solomon Island, most especially females.
7. I will put the starting point sentence at 6 years, as the Crown submitted and for the same reasons the Crown suggested in relation to cases such as Bulo and Pade (paragraph 15 closing submission). There are 7 serious aggravating factors:-
   • (i) Use of force and self-induced intoxication/drunkenness – Reckless force and self-induced drunkenness are the explanations for the serious injuries and bleeding that caused the victim to get admitted at Kilu’ufi hospital for 2 months (paragraphs 14 – 19 of verdict). She would have died if urgent and appropriate medical attention was not given on a timely manner.
   • (ii) Confinement and isolated location – Defendant took the victim to an isolated spot far from Auki town, held the victim at hostage and then sexually abused her in a violent and cruel manner – victim has no help around. For you, isolation means you can achieve your evil purpose without interruption.
   • (iii) Serious injuries – The injuries the victim sustained in her vagina were horrible. She had so much pain, crying, heavy bleeding, blood clot and swollen face (paragraphs 15 – 19 of verdict). She could not eat. Drips were put on her body to restore blood loss and to regain strength. The seriousness of the injuries is the reason for having medical care for 2 months at Kilu’ufi hospital.
   • (iv) Breach of trust – You are a close tribal family member of the victim. You should be caring, respecting and protecting the sexual sanctuary of your own niece (uncle in pijin). Malaitan men fight (some still do today) when their female relatives have sexual relationships with boys. Malaitan men demand hefty compensation when their female relatives are in a sexual relationship or are sexually abused by men. They do this because they respect the sexual sanctuary of their female relatives. Here the victim say you are her uncle so she confides in you. For your part you failed to respect her sexual sanctuary and waged sexual war on your own blood. That is disgusting.
   • (v) Disparity of age – You were 27 years at time of offending. She was 16 years old. Age differences of 11 years. This age difference means you were a mature male relatives on whom a young age niece like the victim could trust.
   • (vi) Emotional and psychological harm – Despite lack of evidence from an expert, this is an aggravating factor I must take judicial notice of. But in here, if the victim is reluctant to go to school, then I think that is an evidence of emotional and psychological harm (post-trauma effects) of what she went through from your offending.
   • (vii) Forced victim to drink beer – You also forced the victim to drink beer (paragraph 16 of verdict). As if sexually abusing her is not enough violation, you also forced her to drink beer against her will. Which parents would want their teenage daughter to learn the bad habit of beer drinking at an early age? You were actually mortifying her twice (fucked her and made her drink beer). That is horrendous to say the least. The unseen psychological scars, shame, lowered self-esteem, anxiety and sexual dysfunction etc resulting from your invasion into the victim’s purity and virginity will haunt her for the rest of her life.
8. The 7 preceding aggravating factors are serious and warrant an uplift to 13 years. I note that the maximum penalty for your offending is 15 years imprisonment. I have discretion to impose a lesser term.
9. Your lawyer submitted that there are 4 mitigating factors (paragraph 3.1 to 3.4 closing submission). With 3 of those 4 mitigating factors I disagree. There is no delay in this case. Committal was no 17/07/2022. Information was filed on 18/11/2022. Trial in the High Court was in July 2023. Remorse and reconciliation are your personal circumstances, no different from breadwinner, family man, employment, children and wife etc. I should pay less attention to your personal circumstance. There is no evidence of remorse and reconciliation. That only mitigating factor I take into account is first time offender. I deduct 2 years for that. Deduct a further 1 year for your personal circumstances reluctantly.
10. The final head sentence I will impose is 10 years. Last Court of Appeal sitting decisions urged this Court to impose higher sentence terms for sexual offending to reflect Parliament’s intent in the 2016 Penal Code Sexual Offences Amendment Act - to protect women/girls from sexual abuse/exploitation, by men in position of trust, because this kind of offending was on the increase prior to your 2016. I hope like-minded offenders will take heed that the Courts will go out to protect vulnerable and weak teenage girls from the sexual desires, abuse and exploitation by their male relatives, to whom they are in positions of trust. Pre-trial custody time will be deducted.

THE COURT
JUSTICE JOHN A KENIAPISIA
PUISNE JUDGE