IN THE HIGH COURT OF FIJI
AT LABASA
[CRIMINAL JURISDICTION]

CRIMINAL CASE NO. HAC 036 OF 2021

STATE

V

ISOA ROKOBICI

Counsel: Ms A Vavadakua for the State
           Mr P Gade for the Accused

Date of Hearing:	18 November 2021
Date of Sentence:	8 December 2021

SENTENCE
[1]	The Accused has pleaded guilty to one count of sexual assault and three counts of rape. 

[2]	The facts of the case are as follows.

The victim is LR. She is now 10 years old. The Accused and his wife adopted LR as the two had no children of their own. The victim became their adoptive daughter when she was around 7 years old, after her father passed away and her own biological mother had re-married leaving her behind.

Fourth Count
On the early hours of the 29th of May 2021, the Accused returned home drunk. The victim was lying inside the sitting room. The Accused whilst standing outside the window, used a stick to poke and wake the victim. When she woke up and turned, she saw the Accused standing outside, telling her to open the door.

She told him that the door was blocked, but he continued to insist that she open the door.

The victim then went and opened the kitchen door and then ran back to the sitting room. The Accused growled at her saying “L lako mai” which means “L come here” at that time they were still in the kitchen. The victim’s aunt was sleeping alone in the kitchen.
	
The victim cried because she stated that she did not want the Accused to touch her but he told her to cry softly but to remove her panty. She was wearing her church dress and her panty. The victim did as the Accused said. The Accused then told the victim to sit on his lap. The victim sat on his lap and the Accused inserted his finger into the victim’s vagina. She was crying and suddenly her grandmother who was sleeping with her in the sitting room called her. She then pulled up her panty and went to her grandmother and slept. 
The matter came to light because the lady sleeping in the kitchen had seen the child. She had heard the Accused tell the child not to cry and had seen the child sitting on his lap, then stand and pull up her panty and go to the sitting room when her grandmother called. There was then an enquiry and the child victim then spoke up about the abuse.

According to the child, that was not the first time the Accused had sexually attacked her.

Third Count 
The day before the above incident, Friday, 28th of May 2021, the victim’s mother had gone to town. The victim was washing dishes and the Accused called her into the bedroom. She went to rake the compound instead, in an attempt to stay away, but he growled at her and told her to go into the bedroom. Once she was inside, he took off her panty and licked her vagina. He only stopped because she was screaming. 

First Count 
On another separate occasion, sometime between the 1st day of March 2021 and the 27th day of May 2021, at Kurukuru, in Wainikoro, the Accused had taken the 10 year old victim to the farm. There he had exposed himself to the victim and told victim to touch his penis and out of fear of him, she touched the Accused’s penis.

Second Count
Then thereafter on that same day above, the Accused penetrated his penis into the victim’s vagina. She said she was in pain when he did that.
The medical report confirms that there was evidence of penetration. The victim was then a class 5 student and 10 years old.

Additionally, the Accused was caution interviewed and he admitted that he fingered the child and that he did penetrate her but his penis did not go right inside  because her vagina was too small’.

[3]	This is an appalling case of sexual abuse of a child by her own family member over a period of three months. The abuse occurred in the child’s home where she should have felt safe and protected. 

[4]	The maximum penalty prescribed for sexual assault is 10 years imprisonment. Rape carries life imprisonment.  The main purpose of punishment is to denounce the crime in the strongest terms. 

[5]	In Aitcheson v State [2018] FJSC 29; CAV0012.2018 (2 November 2018), the Supreme Court stated:

[24] The increasing prevalence of these crimes, crimes characterized by disturbing aggravating circumstances, means the court must consider widening the tariff for rape against children. It will be for judges to exercise their discretion taking into account the age group of these child victims. I do not for myself believe that that judicial discretion should be shackled. But it is obvious to state that crimes like these on the youngest children are the most abhorrent.
[25] The tariff previously set in Raj v The State [2014] FJSC 12 CAV0003.2014 (20th August 2014) should now be between 11-20 years imprisonment. Much will depend upon the aggravating and mitigating circumstances, considerations of remorse, early pleas, and finally time spent on remand awaiting trial for the final sentence outcome. The increased tariff represents the denunciation of the courts in the strongest terms.

[6]	The Accused is 44 years old and is married. His family is depended on him. He supports his family through farming. However, family circumstances carry very little mitigating value. 

[7]	The mitigating factors are that the Accused pleaded guilty early and has previous good character. The early guilty plea has saved court’s time and resources and has relieved the victim of the trauma of giving evidence. The Accused says that he is sincerely remorseful and seeks forgiveness. However, the plea for clemency is late for the victim. The Accused showed no mercy to the victim when she pleaded for clemency with him. The harm that the Accused has caused to the victim is significant. 

[8]	The aggravating factors are that:

-	The victim was vulnerable due to her tender age.
-	The victim was sexually abused in her home by her adopted father the Accused (domestic violence).
-	The Accused was in a position of trust. 
-	The abuse was repeated over a period of three months.
-	The victim experienced physical pain and was distressed. 
-	The victim was exposed to health risks due to the Accused not using any protection. 

[9]	For the three counts of rape, I pick an aggregate term of 14 years as my starting point. I give a discount of 3 years for the mitigating factors and add 6 years to reflect the aggravating factors.
[10]	The Accused is convicted and sentenced to an aggregate sentence of 17 years imprisonment for the three counts of rape, and 4 years imprisonment for sexual assault, to be served concurrently. The total effective sentence is 17 years imprisonment.

[11]	The Accused has already served 5 months in custody on remand. The remaining term to serve is 16 years and 7 months imprisonment, with a non-parole period of 14 years. 

[12]	A permanent domestic violence restraining order with standard no contact and non-molestation conditions is issued against the Accused for the protection of the victim. 

. …………………………………….
Hon. Mr Justice Daniel Goundar

Solicitors:
Office of the Director of Public Prosecutions for the State
Legal Aid Commission for the Accused