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R v Kito [2025] SBHC 66; HCSI-CRC 123 of 2024 (10 April 2025)

HIGH COURT OF SOLOMON ISLANDS

IN THE HIGH COURT OF SOLOMON ISLANDS
CRIMINAL JURISDICTION

Criminal Case No. 123 of 2024

REX

V

CEDRIC KITO

Date of Hearing: 10 March 2025
Date of Sentence: 10 April 2025

Counsel: Ms Mutukera for the Crown
Counsel: Mr Kwalai for the Defendant

Keniapisia; PJ

VERDICT AND SENTENCE

1. Mr. Cedric Kito, is the first cousin brother of Miss. Teneilla Afenua. Cedric Kito’s father and Teneilla’s mother are biological siblings. In the month of October 2023, Teneilla went to spend her school break with her uncle Ramsey Fetamao, Cedric’s father at Tenaru, Central Guadalcanal. Cedric sexually abused his first cousin sister, Teneilla at their family house at Tenaru, on the night of 7 November 2023, between the hours of 9:00 pm to 10:00 pm.
2. Teneilla lit a mosquito coil and took it into Cedric’s room downstairs, at their Tenaru residence. Teneilla came outside and was watching a movie on her uncle Ramsey’s mobile phone, at the veranda downstairs. Cedric came outside and told Teneilla to go inside his room to remove the mosquito coil, saying it was not good for him. Teneilla went back inside Cedric’s room to remove the mosquito coil.
3. Teneilla complains that Cedric came after her, and from behind, held her hand firmly and told her to put the coil on the floor. He turned Teneilla towards him, facing him, and ordered her to remove her clothes. Teneilla refused. Cedric then removed Teneilla’s trousers down to her knees and also took off his own trousers. Cedric pushed his finger into her vagina. Holding her tightly he also pushed his erected penis into her vagina and had penial sexual intercourse with her.
4. Cedric told Teneilla not to tell anyone. Teneilla went upstairs and cried the whole night without telling anyone. On the 10^th November 2023, Teneilla returned to her parents at Town Ground, in Honiara. Two days later, Teniella’s mother questioned her. Teneilla reported the incident to her mother, who subsequently reported the matter to the police resulting in Cedric’s arrest.
5. Cedric is indicted for rape contrary to Section 136F (1) (a) (b) of the Penal Code Act (Cap 26), as amended by the Penal Code (Amendment) (Sexual Offences) Act 2016. The information was filed on 4/04/2024. I took the plea on 2/09/2024. Mr. Cedric pleaded not guilty. That was because he was unrepresented and I wanted to move the case quickly. Later Cedric was represented. He indicated he wanted to change his plea on 14/10/2024. I adjourned to enable Cedric to consult with his lawyer and to prepare for his plea. There were delays by former defence counsel.
6. I gave 7/3/2025, as the deadline for counsel to settle the agreed facts and also to file written submissions. That deadline was again missed due to failure by former defence counsel.
7. I mentioned the matter again on 10/3/2025. The crown filed its sentencing and mitigation submissions. I took the plea without former defence counsel. Cedric entered a guilty plea. New defence counsel promised to file the settled facts and sentencing submissions the next day. New defence counsel signed the agreed facts and filed sentencing and mitigation submissions on 11/3/2025, as promised. I am grateful to counsel Kwalai for taking over responsibility to run with the case, following a frustrating delay by former defence counsel.
8. I will convict Cedric for rape premised on his guilty plea and summary of agreed facts. Rape is a serious offence, for it carries a maximum penalty of life imprisonment. Here it is more serious because you are the first cousin brother of Teneilla (incest). It is serious because it is a domestic violence issue. The Court can, however, impose a lesser sentence term in the exercise of its discretion.
9. I will set the starting point sentence at 8 years because this is a case of uncontested unlawful sexual intercourse with a child under the age of 15 years (R-v- Sinatau, Court of Appeal 2023). Teneilla was 13 years old, when she was raped in the year 2023. Defence concede with this start point sentence.
10. I identify the following serious aggravating factors, which I normally determine for other previous cases, but tailored to the context/facts of this offending:-
    • (i) Psychological harm and trauma; the Court must always take judicial notice of.
    • (ii) Physical harm; the very act of rape is physical violation of the victim and physical harm is inherent in it.
    • (iii) Offence occurred in the comfort of the home; an uncle’s house was turned into a crime scene for his own niece as a result of the lustful desires of the son who turned on his first cousin sister.
    • (iv) Disparity of age; there is an age difference of 6/7 years.
    • (v) Pre-planning; the sister staying in her brother’s house, the brother must have thought about and executed his thoughts to rape the victim.
    • (vi) Breach of position of trust, brotherly moral duty violated and also a domestic violence issue, because blood ties between parties have been violated.
11. For all of the above 6 serious aggravating factors combined, I will uplift the start point sentence by 6 more years (one year for each aggravating factor). Increases due to serious aggravation should be made in years rather than in weeks or months (Bade, Court of Appeal 2023). This will bring me to 14 years aggravated head sentence before mitigation.
12. Then the following mitigating factors will reduce the head sentence downwards: -
    • (i) Early guilty plea – I give a 30 percent reduction for an early guilty plea. This comes to 4.2 years rounded to 4 years. This is a huge reduction because an early guilty plea benefits everyone. The Court benefits because of the abortion of trial time. The victim benefits because she is spared the trauma of appearing in the witness box and having to publicly recite her sex ordeals. I have seen witnesses struggle to give evidence. And for you it shows real remorse for indeed you have sexually defiled your own blood.
    • (ii) First time offender with no previous convictions – I deduct 1 year.
    • (iii) Youth and rehabilitation – I deduct 1 year because as a young man you still have a long way to go. You have the potential to get rehabilitation in the correctional facility and come out to be a better person in the community.
13. The total head sentence I will impose after mitigation is 8 years. This is one of the few rape cases that I have given a lenient sentence term. I do not normally go below 10 years. That is partly because you entered an early guilty plea and as a young offender you have the potential to learn in the correctional centre and come out a better person. I am also mindful of the merit of your case. There is no violence, threat or weapon used as in the other cases I have dealt with.
14. The 8 years of imprisonment will still reflect the gravity of your offence. I do not want you to start thinking that what you did was acceptable. For you have defiled the sexual intactness and sanctity of your own blood first cousin sister. This Court has a duty to see that sentences it imposed on sexual abuse offenders gives out a powerful deterrent factor to prevent the commission of such offences. Offenders must receive harsher punishments to mark society’s outrage and denunciation against sexual abuse of women and girls. The main purpose of the punishment I give here is to condemn your action and to protect the public from the commission of such crimes by making it clear to you and others with similar impulses that anyone who yields to this kind of crime will meet with severe punishments.
15. Mr. Kito, I convict you for rape based on the agreed facts and your guilty plea. I will sentence you to 8 years imprisonment. That term begins to run from today’s date. You will also be entitled to any deduction for pre-trial detention time as determined by the correctional service at Rove. Order accordingly.

THE COURT
JUSTICE JOHN A KENIAPISIA
PUISNE JUDGE