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R v Pige [2023] SBHC 12; HCSI-CRC 69 of 2023 (14 April 2023)

HIGH COURT OF SOLOMON ISLANDS

IN THE HIGH COURT OF SOLOMON ISLANDS
CRIMINAL JURISDICTION

Criminal Case No. 69 of 2023

REX

V

BEN PIGE

Date of Hearing: 3 April 2023
Date of Sentence: 14 April 2023

Ms Rehomora for the Crown
Mr Kwalai for the Defendant

Keniapisia; PJ

Conviction and Sentence

1. Defendant is charged for sexual intercourse with a child under 15 years, who was 5 years old at time of offending. The sexual intercourse alleged is that the defendant inserted his finger into the victim’s vagina. Defendant is indicted on an information on the following: sexual intercourse with a child under 15; contrary to Section 139 (1) (a) of the Penal Code (Cap 26) as amended by the Penal Code (Amendment) (Sexual Offences) Act 2016. Defendant pleaded guilty to the charges premised on summary of agreed facts.
2. The summary of agreed facts are adopted as follows:-
   • (i) The defendant Ben Pige is from Ngadeli Village, Pele District, Reef Islands in Temotu Province. He was 24 years old at the time of offending.
   • (ii) On 7^th January 2023, at around 11:30am, at GPPOL 2, North East Guadalcanal, the victim was alone and having a bath inside a sink, outside their house.
   • (iii) The victim was naked at that time.
   • (iv) The defendant came to the victim took her by the hand and led her to the bathroom and then he locked the door of the bathroom.
   • (v) In the bathroom, the defendant inserted one of his fingers into the victim’s vagina. The victim felt pain and wanted to cry but the defendant stopped her not to cry.
   • (vi) At that time, the victim’s mother called for her.
   • (vii) The defendant upon hearing the mother’s calls, left the victim and went away.
   • (viii) It was later that the victim’s mother discovered that the victim was holding two $1 coins. When her mother asked her where she got the coins, she told her mother that the defendant gave her the coins and revealed what the defendant did to her.
   • (ix) The matter was reported to Tetere Police Station on the same day and the defendant was eventually arrested and charged.
3. Mr Pige you have committed an indecent act or you have ruined the dignity of the child. Every child should be looked after by adults in the community regardless of blood relationship. Under the 2016 Penal Code Amendment Act, what you did to the child is termed as sexual intercourse (you inserted your finger into the victim’s vagina). This is a serious crime because it attracts a life imprisonment sentence as the maximum penalty. I will put the starting point sentence at 5 years, because your case is not at the higher scale or not exceptional (though not condoned) and not involving one of a person placed in a position of trust. I will add 2 years (7) for aggravating factors namely a vulnerable young age victim (5 years old child); age disparity (you in your 20s and child victim only 5 years); offence committed at victim’s house (should be her safe haven); pre-planning (coins given to lure her into the bathroom) and apparent psychological harm (Court take judicial notice despite lack of evidence). But then for your case there are 2 clear mitigating factors – early guilty plea and no previous conviction. I will deduct 3 years (4) and sent you to 4 years imprisonment. Your early guilty plea benefits all – it saves the Court’s time, it avoids victim from the trauma of standing trial and it shows you were remorseful. That is why I gave you big reduction in the sentence term. I had no assistance from defence Counsel in terms of sentencing submissions, despite direction orders for such submissions. Any pre-trial custody entitlement will be accounted for by the correctional authority.
4. Accordingly; I impose a custodial sentence of 4 years. Pre-trial custody entitlements can be accounted for by the correctional authority. If you can pay $5,000.00 compensation plus 5 custom money from the victim’s culture and enter into an accepted reconciliation with the victim’s family, then you may be released from prison forthwith, notwithstanding any such compensation paid prior to sentence. Please find time to rehabilitate in our correctional centres and come out to be a law abiding and respecting person.

THE COURT
JUSTICE JOHN A KENIAPISIA
PUISNE JUDGE