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R v Walakulu [2025] SBHC 128; HCSI-CRC 175 of 2023 (29 August 2025)

HIGH COURT OF SOLOMON ISLANDS

IN THE HIGH COURT OF SOLOMON ISLANDS
CRIMINAL JURISDICTION

Criminal Case No. 175 of 2023

REX

V

EMERALD WALAKULU

Date of Hearing: 29 August 2025
Date of Sentence: 29 August 2025

Counsel: Mr Vaike and Mr Fanasia Junior for the Crown
Counsel; Mr. Ma’ungatonu for the Defendant

Keniapisia; PJ

VERDICT AND SENTENCE

1. By amended information filed on 10/5/2023, Mr. Emerald Walakulu (EW) and Lawrence Managa (LM) were jointly charged for three counts, namely – rape, indecent act without consent and common assault. As a result of negotiations, a further amended information was filed on 26/08/2025, containing a single charge of indecent act without consent contrary to Section 138 (1) (a) & (b) of the Penal Code (Amendment) (Sexual Offences) Act 2016 (No. 3 of 2016) against Mr. EW.
2. I arraigned EW on 29/8/2025 on the further amended charge. I also read out the agreed facts. He pleaded guilty to the charge premised on the agreed facts. I convicted Mr. EW on the charge premised on his guilty plea. Mr. LM did not turn up for his case during this circuit. The only issue is to determine the appropriate sentence for the charge of indecent act without consent against EW.
3. The following were agreed facts: -
   • (i) The defendant is Mr. Emerald Walakulu of Mwaradja village, Ulawa Island, Makira Ulawa Province. He was 25 years old at the time of the offending in 2022. He is charged with one count of indecent act without consent.
   • (ii) The victim is Ms. Atina Ha’akeni of Oha settlement via Mwaradja village, Ulawa Island, Makira Ulawa Province. She was 21 years old at the time of the incident in 2022.
   • (iii) The offending occurred on 20 November 2022 between 00:03 am and 00:04 am at Oha settlement, via Mwaradja village, Ulawa Island, Makira Ulawa Province.
   • (iv) Mr. Walakulu was drunk that night and was following the victim, who was walking back to her village after spending the night with her boyfriend. Mr. Walakulu reached the victim at the front of her house and asked to have sex with her. The victim refused, however he continued to hold her hand and pulled her towards the coconut plantation. At the plantation, Mr. Walakulu held her breast and touched her thigh area close to her vagina.
   • (v) The matter was reported to Kirakira Police Station and the defendant was dealt with accordingly. He was arrested and was remanded for 8 months at Kirakira correctional centre. He was released on bail to appear in court.
   • (vi) The matter has been settled in custom as there is a letter from the village chief confirming reconciliation made between parties and compensation made to the victim and her family.
4. The maximum penalty for this offence is 5 years imprisonment (Section 138 (1) (a) and (b) of the 2016 Act). The crown submits and I concur that it is hard to provide a definitive start point sentence, in a case dealing with the lower-end of the offending, as in here. The seriousness of an offence is recognised by the legislature, in providing for a maximum sentence of life imprisonment. For this lower-end offending, I consider an appropriate start point to be 3 years imprisonment, where the case is not contested (R v Ba’ai Court of Appeal, 2023).
5. On the basis of Ba’ai (a case with identical facts – touching the vagina), I will set the start point sentence at 3 years, because this is a case where the reduced charge in the further amended information, is at the lower-end of offending, as reflected in the maximum 5 years’ penalty.
6. I determine the following serious aggravating factors: -
   • (i) Pre-meditation
   • (ii) Age disparity
   • (iii) Weak and vulnerable
   • (iv) Drunkenness
   • (v) Night time and isolated area
   • (vi) Psychological harm and trauma
7. For all of the above 6 serious aggravating factors combined, I will uplift the start point sentence by 6 more years. Increases due to serious aggravation should be made in years and not merely in weeks and months (Bade, Court of Appeal 2023). That will bring me to an aggravated head sentence of 9 years before mitigation.
8. I also identify the following mitigating factors to reduce the aggravated head sentence downwards: -
   • (i) Early guilty plea – 30 percent reduction comes to 3.9 years rounded to 4 years.
   • (ii) First time offender with no previous convictions – 1 year.
   • (iii) Compensation and reconciliation – 1 year because these are worthy custom.
   • (iv) Rehabilitation – I give 1 year, noting that the defendant is a young man and has the potential to learn inside the correctional centre and reintegrate back into society to be a better person.
9. I will convict Mr. EW as charged. I will sentence Mr. EW to 2 years’ imprisonment (9 years aggravated head sentence minus 7 years mitigated head sentence). Sexual offences are prevalent in our society, since the reform made in the year 2016. In addition, when young men get drunk, they tend to commit crimes. It is almost as if they get drunk to gain confidence or the mental state to commit crimes. This is a trend I have seen in many sexual offence cases coming before me. To denounce this conduct or trend and the prevalence of sexual abuse of women and girls, I will not suspend this 2 years’ sentence. I will however take away 8 months’ pre-trial detention. Hence Mr. EW will only serve 16 months’ imprisonment term. This sentence term will commence on 29/08/2025. Order accordingly.

THE COURT
JUSTICE JOHN A KENIAPISIA
PUISNE JUDGE