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Regina v Soloseni [2011] TVHC 6; CRC 01 of 2011 (16 May 2011)

IN THE HIGH COURT OF TUVALU
AT FUNAFUTI

Criminal Jurisdiction

HC. Crim. case no. 01/2011

Between:

Regina

V

Starchel Soloseni
Defendant

Ms Niko for prosecution
I Isala for accused

Sentence

Starchel Soloseni: You have been found Guilty of rape.

You were born on 12 February 1989 and were 19 when you committed the crime in April 2008.

Later that year you migrated to New Zealand with your family. You had already been charged with rape and other offences and were on bail.

Your co-accused, Filoitama Salesa was tried in May 2010 and found Guilty of rape. You were not in Tuvalu. Through your parents the Attorney-General late in May 2010 invited you voluntarily to return to Tuvalu for trial. You did not return within the time she gave you. The authorities here and in New Zealand were put to the trouble and expense of extradicting you.

In the meantime you had married a citizen of New Zealand, a Tuvaluan woman. You became a father a couple of weeks ago. Mr Isala has told me you are a good footballer and musician.

You have two previous convictions for minor traffic offences. I ignore them for the purposes of sentence.

Even on your own account of what happened, you acted disgracefully. You forced yourself on the victim and persisted until she agreed even though she had told you she didn't want it. To the contrary on her account which I accepted she resisted as hard as she could and you forced her to have intercourse against her will. When you left the room you invited a third man to come in just as Filoitama had invited you to come in after he had finished.

The starting point in Tuvalu for fixing penalty for rape is five years. I have read and considered the Chief Justice's remarks in sentencing Filoitama Salesa. With respect I agree with what he said generally about the crime of rape and the penalty for it.

The Chief Justice considered there were aggravating factors in Filoitama's case and sentenced him to 7 years imprisonment. Likewise in your case there are aggravating elements, many the same as in Filoitama's case. Your crime and his were very similar. There is good reason to impose the same penalty of you as on him and seven years is an appropriate term of imprisonment to impose on you for the grave wrong you did.

I have thought whether I should take into account the nearly two months which you spent in custody in New Zealand during the extradition proceedings. Finally I have decided not to reduce your sentence by two months. You brought that imprisonment on yourself by not returning voluntarily to Tuvalu.

You are sentenced to 7 years imprisonment to date from last Friday, 13th May when you went into custody.

Dated: 16th day of May 2011

Justice Robin Millhouse QC
JUDGE