Home | Databases | WorldLII | Search | Feedback High Court of Solomon Islands

R v Bahabokisi [2014] SBHC 87; HCSI-CRC286 of 2013 (14 August 2014)

IN THE HIGH COURT OF SOLOMON ISLANDS

(PALLARAS J)

Criminal Case Number 286 of 2013

R

v

JOHN ZACHARIA BAHABOKISI

Coram: PALLARAS J
Crown: Mr R. Iomea

Defence: Mr. L. Kwaiga
Hearing Dates: 11 August, 2014
Sentence Delivered: 14 August, 2014

SENTENCE

1. The prisoner was convicted on his own plea of one count of rape contrary to section 136 of the Penal Code [Cap. 26].

2. The offence occurred on 28th January, 2013 at approximately 3:30 a.m. The complainant was attending a fund raising dance being held in a private house. The accused arrived and spoke to Fiona Dovu, a friend of the complainant. He told Dovu to tell the complainant to come and see him.

3. After delivering the message Dovu walked with the complainant to the prisoner's house. They met the prisoner on the way and he told Dovu to leave them. He then told the complainant to follow him by telling her that there were other girls where they were going and that those girls could bring her back.

4. The prisoner then grabbed the complainant around the neck and forced her to the ground. The prisoner then touched the complainant's breasts and vagina who began to struggle and cry out. The prisoner told her not to cry out or struggle and threatened to kill her if she continued. The prisoner then proceeded to rape the girl on the ground.

5. As the accused was dressing himself after the rape, the complainant ran off and went back to the dance where she reported what the prisoner had done. The complainant also told her parents what had occurred.

6. A medical examination conducted at the Leitongo Rural Health Center later that day revealed the complainant to have a slight tear on her left labia minora and redness and blood staining at the entrance to her cervix.

7. He was arrested and interviewed by the police but chose to say nothing.

8. On 15th August, 2013, after pleading not guilty in the Magistrate's Court, he was committed for trial in the High Court.

9. I have been provided with a Victim Impact Statement. The statement reveals the terror that the complainant felt during the rape; she describes the emotional impact of the crime upon her as "enormous". Her relationship with males is now characterised by fear and distrust. Unfortunately, even her family have been devoid of sympathy and charity for her and stupidly blame the complainant for being a rape victim.

10. Both counsel have agreed that there are aggravating features to this offence. They are –

1. That the complainant was only 14 years of age at the time;
   
2. That there was a 6 year age difference between the prisoner and the complainant;
   
3. The prisoner threatened to kill the complainant if she continued to resist.
   

11. While in his written submissions, Mr. Kwaiga suggested that there were no aggravating features other than the violence used by the prisoner, in his oral submissions he conceded that there were at least the three other features of aggravation I have outlined above.

12. The prosecution have submitted that the offence reveals pre-planning. While I do not accept that to be so in this particular case, the prisoner clearly showed that he was prepared to involve another young girl to help him carry out his rape of the complainant.

13. The defence submit that the prisoner has no previous convictions and has demonstrated remorse by pleading guilty, albeit at the very last minute.

14. I would also add that the prisoner is still quite young and still has much of his future before him.

15. The parties agree that an appropriate starting point for a rape with features of aggravation should be imprisonment for 8 years. While each of the aggravating features is significant, the threat to kill the complainant no doubt terrified her and assured her submission. I find however that the complainant's young age is a particularly bad feature of this offence. The courts have a responsibility in their sentencing practice to reflect the need to protect the children in our society from predators and other criminals who attack the weakest and most defenceless members of our community.

16. In my judgment, an appropriate sentence for a rape with these features of aggravation would be 10 years imprisonment. I take into account the factors put on the prisoner's behalf and, in particular, his plea of guilty. This plea however came on the first day of his trial and, as such, was very much at the last minute. I accept however that even although the plea was late, it did save the complainant from having to testify and from reliving the experience. More significantly, in this case, it demonstrated that the prisoner is remorseful for what he has done to the complainant and he will be given the benefit of this.

17. Having regard to all of the features of aggravation and mitigation, I consider that an appropriate sentence is one of 7 years imprisonment.

ORDERS:

1. The prisoner is convicted of one count of rape contrary to section 136 of the Penal Code [Cap. 26].
   
2. The prisoner is sentenced to a term of imprisonment for 7 years.
   
3. Time already spent in custody is to be taken into account.
   

THE COURT