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R v Bone [2023] SBHC 48; HCSI-CRC 176 of 2019 (4 May 2023)

HIGH COURT OF SOLOMON ISLANDS

IN THE HIGH COURT OF SOLOMON ISLANDS
CRIMINAL JURISDICTION

Criminal Case No. 176 of 2019

REX

V

GEORGE BONE

Date of Hearing: 3 May 2023
Date of Decision: 4 May 2023

Mr V Taupongi for Crown
Mr D Houa for the Accused

Lawry; PJ

SENTENCE

Introduction

1. George Bone you have pleaded guilty to one charge of rape contrary to section 136F (1) (a) and (b) of the Penal Code as amended by section 5 of the Penal Code as (Amendment) (Sexual Offences) Act 2016. The maximum penalty for this offence is life imprisonment. You now appear for sentence.

Facts

2. On 19 October 2018 you were with others from Ngamumblou village in the Reef islands. You were then aged 19 and two of the others with you were aged 19 and 21 respectively. The complainant was aged 16. One of those with you had sexual intercourse with the complainant then he called another over to have sexual intercourse with her, then after that you were called and had sex with her. She was frightened of what would happen if she did not cooperate.
3. Four of you were charged with rape. Two have already been dealt with. Each of those were sentenced to four years imprisonment following their guilty pleas. You were arrested at the start of December 2018. You have now been on remand in custody for 4 years and 5 months.

Aggravating factors

4. The principal aggravating factor is that you were one of several men who had sexual intercourse with the complainant without her consent.
5. As a 16 year old she was young and vulnerable

Mitigating features

6. You have pleaded guilty although not as early as two of those with you.
7. You have no previous criminal record.
8. You were only 19 at the time.
9. There has been a long delay in this matter coming to a conclusion.

Deterrence

10. In your case the Court must consider deterrence, both for you and for those in the community who may also be minded to sexually abuse a young woman.

Starting Point

11. The leading authority is the case of R v Ligiau and Dori [1986} SBHC 15. The Court confirmed that for a contested case of rape where two or more men act together the starting point is eight years’ imprisonment before adjusting for matters of aggravation and mitigation.
12. In Soni v Regina [2013] SBCA 6 the Court of Appeal confirmed that the starting point as set out in Ligiau and Dori is still appropriate.

Discussion

13. While the complainant was only 16, I consider that the starting point of eight years imprisonment is appropriate in your case.
14. For your guilty plea, although it was not entered as early as that of your co-offenders, you will receive credit. This is principally because it is an acknowledgement to the complainant of what you did to her. You have also saved her the trauma of reliving the events in a trial.
15. You will also receive credit for your youth and for the delay and bringing this case to a conclusion. I record however that such of the delay could have been avoided had you pleaded guilty at an early stage.
16. Having said that from March 2020 there were difficulties in appearing before Court because of the measures taken to protect Solomon Islands from Covid-19. When at last there was a High Court circuit to Temotu, the prison authorities did not transport you there.
17. I must take into account the parity principle. I have recorded that your co-offenders were each sentenced to 4 years imprisonment. They were each entitled to greater credit for their earlier pleas of guilty.

Analysis

18. From the starting point of 8 years imprisonment, I deduct 2 years for your guilty plea. For your personal circumstances, character in particular your youth and your previous good I deduct a further 6 months. Finally for the delay in finalising this matter I allow a further 6 months’ deduction. I consider the appropriate final sentence then is five years imprisonment. However I must apply the parity principle because of the sentence imposed on your co-offenders. As your plea of guilty was much later than theirs you will receive less credit. Your sentence is reduced to four years and five months.

Orders

1. The Accused is convicted on the charge of rape.
2. The Accused is sentenced to a term of imprisonment for four years and five months
3. He has now served that sentence and is to be released at the rising of the Court.
4. The name and any identification of the complainant is permanently suppressed.

By the Court
Hon. Justice Howard Lawry PJ