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Regina v Sela [2014] SBHC 162; HCSI-CRC 257 of 2014 (10 December 2014)

HIGH COURT OF SOLOMON ISLANDS
(Mwanesalua, J)

Criminal Case No. 257 of 2014

REGINA

–v-

RUBENSON SELA

Date of Judgment: 10 December 2014

Nelson Dhita for the Prosecution
Alice Willy for the Accused

SENTENCE

The accused pleaded guilty to three counts of incest with his daughter Christina on unknown dates in November 2013 and on an unknown date in January 2014. He also pleaded guilty to one count of attempted rape with his daughter Lina on an unknown date in November 2013.

The brief facts of these offences are that on an unknown date in November 2013, at night, he went to Christina who slept with her two sisters at the veranda of their house and asked her to have sexual intercourse with him. When she refused he held her hand and led her to an empty room in the same house and had sexual intercourse with her. Then on an unknown date in November 2013, during the day time, led Christina to the same room where the first incident occurred, removed her clothes and had sexual intercourse with her, while her siblings were playing outside their house. On an unknown date in January 2014, the accused asked Christina to accompany him to the bush to cut sticks for the walling of their kitchen. They reached an area called Kadole. He spread his black shirt on the ground, laid Christina on the shirt, removed her clothes and had sexual intercourse with her. And on an unknown date in November 2013, the accused went to work at a Kindergarten at Jejevo in Buala. After work, he returned and arrived back at home at night. He went to Lina on her bed whilst he under the influence of liquor. He held Lina's knees and woke her up. He demanded her to pull off her trousers as he wanted to have sexual intercourse with her. When Lina refused, he cut open her trousers and removed the trousers from her. He attempted several times to push her penis into her vagina, she felt pain and cried and he left her.

The offence of incest is wrong in custom; it is morally wrong in religion; it is distractive of the family relationship; it involves serious breach and responsibility reposed in him as a parent to care for and protect his children. Communities in this jurisdiction regard the offence repugnant.

However, the accused has entered guilty pleas to all the offences against him. He has no previous conviction and therefore a first offender. The entry of guilty pleas has served trial expenses and trial time. The court considers that a fair sentence to impose on the accused for each offence is three year's imprisonment. The sentences are to be served concurrently. The sentence of three year's imprisonment is to run from the first day he was remanded in police custody. Order accordingly.

THE COURT