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Regina v Hou [2014] SBHC 68; HCSI-CRC 25 of 2014 (22 May 2014)

HIGH COURT OF SOLOMON ISLANDS
(Maina, J)

Criminal Case No: 25 of 2014

REGINA

-V-

LENSLEY HOU

Date of Hearing: 14th and 15th May 2014
Verdict Delivered: 22nd May 2014
Date of Sentence: 22nd May 2014

For Prosecution: M. Manata
For Accused: N. Galo

SENTENCE

Maina J:

The accused Lensley Hou was acquitted on the charge of rape and the Court found him guilty and convicted on defilement of girl under 13 years of age contrary to Section 142 (1) of the Penal Code.

Section 142 provides:

"(1) Any person who has unlawful sexual intercourse with any girl under the age of thirteen years is guilty of a felony, and shall be liable to imprisonment for life.

..............

(3) It is no defence to a charge for an offence under this section to prove that the girl consented to the act".

The crime is felony and the sentence for the offence is liable to imprisonment for life. The sentence for the offence reflects that it is a serious offence.

Facts

Accused Lensley Hou on 14th May 2013 at Bethlehem village, West Kwara'ae, Malaita Province had sexual intercourse with the Complainant in the bush. The penetration as described by both the accused and complainant was "lelebeti nomoa" (a little bit) and whether it was "lelebeti nomoa" or just a slide into the vagina, it is penetration. Accused also said that he pushed his fingers into the complainant's vagina.

At the time of the offence complainant was 12 years old as she was born on 9th April 2001. The Court will treat the accused as a young person.

Counsel for the defendant submitted to the court that at the time of the offence the accused was 17 years old and should be treated differently from an adult or under the Juvenile Act. But interestingly it is noted that at the time of the offence accused was already married and have one child.

Comparative sentences

I appreciate the efforts by the counsels to provide to the court with their submissions on similar cases. The cases provide the range of sentences imposed by the court on similar offences and are for comparative sentences purpose. While they are for that purpose, it is also important to note the principle that each case to be decided on its own merit or circumstances.

The Case

In this sentence, I take into account that the accused has no previous conviction, young offender and the compensation of SBD$1000.00. According to the prosecution, the compensation was custom settlement paid to the relatives of the victim.

While the law takes its course, I would think that the purpose of the compensation was also to restore peace and harmony among the relatives of the accused and victim. An obligation do exist in our typical society for the accused's people to fulfill, in order to earn back or restore the peace and harmony in the communities or society.

I take into account the long time effect or impact on the personal life of the victim, family and the community. The wrongful act of the accused to her brings shame on her, family members and relatives although compensation is paid to them. As submitted by counsel for the crown in the submission the impact on the victim is now regularly experience. I would think that even the sentence of the court for this case and the compensation cannot completely remedy the damage to her.

One factor that court needs to take into account in sentence of sexual offences is there is concern on the increases of these offences in our communities. Offences of violence to women and sexually abuses of children is increasing or looming to very high rate. And it is now a great concern in our communities. For the courts, we have to do our parts in the sentencing of these types of offences.

Taking into account all, it is my view that you deserve a custodial sentence, a sentence that will also you and deter others. Any person is convicted of this type of offence or abuse of child may always expect custodial sentences.
And I sentence you Lensley Hou to three (3) years' imprisonment.
The pre-sentence or period in custody by the accused will be deducted from this sentence.

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Justice Leonard R Maina
Puisne Judge