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R v Velo [2021] SBHC 31; HCSI-CRC 540 of 2019 (25 February 2021)

HIGH COURT OF SOLOMON ISLANDS

IN THE HIGH COURT OF SOLOMON ISLANDS
CRIMINAL JURISDICTION

Criminal Case No. 540 of 2019

REGINA

V

CARTBERT VELO

Sitting: Gizo Circuit

Date of Sentence: 25 February 2021

Kelesi A E and Meioko A for the Crown
Public Solicitor Gray G and Max H for the Defence

SENTENCE

Maina PJ:

You, Defendant Cartbert Velo had pleaded guilty and convicted on two counts of:

1. Sexual intercourse with a girl under 15 years of age contrary to section 139 (a) of of the Penal Code (Cap 26) as Amendment by the Penal Code (Sexual Offences) Act 2016.
2. Indecent act on a girl under 15 years of age and contrary to section 139 (2) (a) of the Penal Code (Cap 26) as Amendment by the Penal Code (Sexual Offences) Act 2016.

Summary of agreed facts

The complainant Sancia Waekao was 12 years old at the time of the offending and the Defendant Cartbert Velo was 44 years old when he committed this offence. He is now 46 years of age. The Defendant is married to Zalyne Nuasa who is the cousin sister of the complainant.

The first incident occurred at the Defendant’s house when the Complainant went there to visit her cousin Zalyne. At that time the Complainant was wearing a very short trouser and exposed her thighs. This exposer or situation made the Defendant to an erection which led him to ask her for sex. The defendant licked the complainant’s vagina at the veranda of the house.

The second incident occurred in November 2018 when the Complainant asked the Defendant for bus fare. Defendant and Complainant then went or ended up in a bush and there the Defendant wanted to have sex with the Complainant. Defendant could not have a sex the complainant as she was having her monthly period and so he simply touched her vagina.

On February 2019, the Complainant’s grandmother reported the matter to the Police. Defendant was arrested by the Police and at the interview the Defendant simply admitted to the offence.

The Penalty

The maximum penalty for the offence of sexual intercourse with a child under 15 years of age contrary to section 139 (1) (a) of the of the Penal Code (Cap 26) as Amendment by the Penal Code (Sexual Offences) Act 2016 is life imprisonment. And the maximum penalty for indecent act on a girl under 15 years of age and contrary to section 139 (2) (a) of the Penal Code (Cap 26) as Amendment by the Penal Code (Sexual Offences) Act 2016 is 7 years imprisonment.

Aggravating features

The age difference between the complainant and defendant is 32 years. And as an uncle, defendant is in a position of trust as the girl was only 12 years old. This is an abused of trust on part of uncle defendant towards a nice.

Mitigation features

Defendant has pleaded guilty at the first appearance for the case in this court or at the first opportunity and that serves the time of the court. There is no previous conviction.

There was a reconciliation attended by the families of the complainant and defendant as well as the by church elders. A custom shell known as Bakiha and cash money was exchanged by the relatives.

Prevalence

I wish to raise a matter about the prevalence on sexual offence here or in this part of the jurisdiction. I have noted at the court circuits here there are numerous sexual offence cases coming to court by ways of plea of guilty and sentences mentions and trails. At the last two circuits in the 2020 I dealt or disposed by convictions and sentences several sexual offence cases. Now at this two weeks circuit I have a trail case and beside two rulings on appeal cases and dealt with 8 pleaded guilty cases (including this case) all are sexual offence cases. The prevalence or numerous occurrences of this type or sexual offence should be a concern in our communities.

By the circumstances of this case the starting point for sentence is 4 years imprisonment.

Taking into account the circumstances of the case as disclosed in the facts, all the submissions from Crown and Defence counsels, and prevalence of sexual offences in this part of jurisdiction as noted from the cases coming to the court, the Defendant Cartbert Velo is sentence to a total of 5 years imprisonment to be served as by the following orders.

Orders of the Court

1. Ct 1 – 3 years imprisonment,
2. Ct 2 - 2 years imprisonment
3. Ct 2 sentence is suspended on good behaviour for 2 years and to commence after imprisonment of Ct 1,
4. Any period in custody to be deducted from the sentence.

The Court
Hon Justice Leonard R Maina
Puisne Judge