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R v Ketche [2020] SBHC 65; HCSI-CRC 92 of 2018 (29 June 2020)

HIGH COURT OF SOLOMON ISLANDS

IN THE HIGH COURT OF SOLOMON ISLANDS
CRIMINAL JURISDICTION

Criminal Case No. 92 of 2018

REGINA

V

PAUL KETCHE

Date of Sentence: 29 June 2020

Counsels
Kelesi/Meioko for Crown
Tinoni A for Defence

SENTENCE

Maina PJ

Mr Paul Ketche, you have been convicted on the charge of defilement of a girl under 13 years of age, Miss Martha Alice Taokulanga (“victim”) at Saeragi Village, Gizo Island, Western Province on 9^th April 2015.

Defiling of a girl under the age of thirteen years is serious and the law is clear that any person convicted for the offence shall be liable to imprisonment for life, the maximum for the worst kind of cases.

In this sentence I take into account the following as aggravating factors. You have taken advantage or had an opportunity when the victim was playing with other children under your house. The victim is your close relative (first cousin), a child not capable of sex and you have no respect to her and everybody in your family. If this happened in the olden days, it may result to big things as compensation and even death. But today it is the law that is why you are before the court. You were a big boy when you had sex with the small girl and doing such with a girl under the age of 13 years is an offence.

I also take into account that the victim had sustained injuries as stated or described in the medical report.

As mitigating factors in your favour, you are young boy (19 years old), first offender and no excessive force towards the victim.

In this sentence I also take into account the prevalent of the sexual offences and coming to court in this part of the region and the impact upon the victim.

Taking into account the mitigating factors and you a young boy, the appropriate sentence for this is 3 years imprisonment.

Orders

1. The accused is sentenced to 3 years imprisonment,
2. Two years is suspended on good behaviour for a period of two years and to commence after serving one year imprisonment;
3. Right to Appeal.

THE COURT
Justice Leonard R Maina
Puisne Judge