HIGH COURT OF SOLOMON ISLANDS

Case name: 	R v Rapuseu 	
		
Citation:		
		
Date of decision: 	1 April 2025	
		
Parties: 	Rex v Fredrick Rapuseu 	
		
Date of hearing: 	13 March 2025	
		
Court file number(s): 	384 of 2022	
		
Jurisdiction: 	Criminal 	
		
Place of delivery: 		
		
Judge(s): 	Kouhota; PJ	
		
On appeal from:		
		
Order:	I therefore impose on you 4 years imprisonment and order time spend in custody to count as part of the 4 years imprisonment.	
		
Representation: 	Mr J Auga for the Crown 
Mr R Brook for the Defendant 	
		
Catchwords: 		
		
Words and phrases:		
		
Legislation cited:	Penal Code (Amendment) (Sexual Offences) Act 2016 S 139 (1), S 136 D (1) (e), 	
		
Cases cited:		

IN THE HIGH COURT OF SOLOMON ISLANDS
CRIMINAL JURISDICTION

Criminal Case No. 384 of 2022

REX

V

FREDRICK RAPUSEU

Date of Hearing: 13 March 2025
Date of Sentence 

Mr J Auga for the Crown 
Mr R Brook for the Defendant 
SENTENCE 
Kouhota PJ
You are charged with the offence of Sexual Intercourse with a child under 15 contrary to section 139(1) of the Penal Code (Amendment) ( Sexual offences) Act 2016. 
The facts of the case were that on 18th February 2019, you went into the complaints family kitchen looking for fire to light your cigarette. When in the kitchen, you saw the victim sleeping wearing a towel only with nothing underneath. You saw the towel did not covering her vagina so you went over to where she was sleeping bend over her and licked her vagina although you said you did not licked inside her vagina but only outside. After trial, the Court found you guilty of committing cunnilingus on the Complainant which is a form of sexual intercourse as per definition of sexual intercourse under section 136 D (1) (e) of the Penal Code (Sexual offences ) (Amended) Act 2016.
In considering the appropriates sentence to impose I took into account the sentencing submissions of counsels. 
I took into account the submission of counsel for the prosecution on the issue of sentencing principles and the case authorities cited in support of his submission. I also took into account the factors submitted as aggravating factors, which included, philological harm, age disparity, young age, and potential abuse of position of trust. 
For mitigation purposes, I took into account the submission of counsel highlighting the mitigation factors on your behalf. That the offence was not premediated but you committed the offence in the heat of the moment, when you saw the victim’s private part was exposed when you are alone with her, which arose your sexual desire. Even that was the case you should know that you cannot do what you did to her without her consent. You also know that she is related to you although not very close and should not do to her what you did to her. After considering the aggravating factors and the case authorities referred by counsels, I consider that no circumstances of two cases are the same and each case should be decided on the seriousness of the offence committed and the circumstances of the seriousness of how the offence was committed. 
In your case, I take in your favour that you did not plan to commit the offence, that you use no force or threats on the victim and that there was no penetration of her vagina of any part of your body. That you only licked on top of the public hair of her vagina for 3 seconds when she woke up and went away. That the victim is not a child of tender age as in some cases cited by counsel but she was about 13 years 6 month of age at the time the offence was committed on her. In view of this, I consider the starting point should be 8 years imprisonment.
After taking into account, your previous good character and that the charge had been hanging over your head for 6 years and that you had reconciled with the Complainants family, it is appropriate to reduce another 2 years from the starting point of 8 years. In considering, that the aggravating factor were not serious and the other mitigating factors, the facts, and all the circumstances of the case I deduct two more years from the starting point. I therefore impose on you 4 years imprisonment and order time spend in custody to count as part of the 4 years imprisonment.
IRA
THE COURT
Justice Emmanuel Kouhota
Puisne Judge