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R v Taro [2025] SBHC 34; HCSI-CRC 189 of 2024 (22 March 2025)

HIGH COURT OF SOLOMON ISLANDS

IN THE HIGH COURT OF SOLOMON ISLANDS
CRIMINAL JURISDICTION

Criminal Case No. 189 of 2024

REX

V

ROBERT TARO

Date of Hearing: 19 March 2025
Date of Sentence: 22 March 2025

Ms Rehomora and Ms Cleven for the Crown
Mr Onorio for the Defendant

VERDICT AND SENTENCE

1. By amended information filed on 28/9/2024, Mr. Taro was charged for four Counts of sexual abuse against Miss. Maeva Kaelyn Kope. Counts 1, 2 and 4 were for indecent assault. Count 3 was for rape. I tried Mr. Taro for Counts 1, 2 and 3 during my circuit to Lata last September 2024. I found Mr. Taro guilty of 2 Counts and acquitted him of one Count. I adjourned trial on the fourth Count because Mr. Taro was not prepared with his alibi witness.
2. Mr. Taro is currently serving 10 years sentence imprisonment term for the more serious charge of rape. I found him guilty of rape after trial last September 2024.
3. During the circuit in March 2025, on the 17/3/2025, I arraigned Taro on Count 4 and he entered a guilty plea. I convicted Taro on his guilty plea and adjourned to 19/03/2025, for settlement of agreed facts and sentencing submissions.
4. Count 4 is an offence under Section 139 (2) (b) of the 2016 Act and the statement of offence alleged that Taro committed indecent act against a child under 15 years. The particulars of the offence stated that Robert Taro of Luelta village, Santa Cruz, Temotu Province, on an unknown date between 1^st September 2022 and 31^st September 2022, at Mahi village, Santa Cruz, being in a position of trust, did commit an indecent act in the presence of Maeva Kaelyn Kopa, a child under the age of 15 years, namely 14 years old by showing his penis to her.
5. From the summary of agreed facts, we deduce the following: -
   • (i) Taro is the step-father of the victim, Maeva Kaelyn Kope as he is married to her mother as her second husband.
   • (ii) Sometimes in September 2022, Maeva, Taro and his wife went to the bush garden. Taro’s wife was digging kumara whilst Taro told Maeva to go and collect cabbage called lopra in the bush.
   • (iii) Maeva went into the bush. Taro followed Maeva into the bush, took off his trousers and masturbated himself and called Maeva to see him in action.
   • (iv) Maeva ran back to her mother on seeing Taro doing the indecent act.
6. The offence Mr. Taro is charged with is not a very serious offence as reflected in the maximum penalty of 7 years imprisonment. Having said that, it is an indecent act that is not accepted and abnormal against accepted community standards of decency, respect, honesty and accepted human behaviours.
7. I will set the start point sentence at 2 years using the case of Iromani, considering that the maximum sentence is 7 years only. Both counsel took no issue.
8. Then I identify the following serious aggravating factors: breach of position of trust, isolated spot, pre-planning, repetitive offending and psychological harm and trauma. For all these 5 serious aggravating factors combined, I will uplift the start point sentence to 7 years.
9. Then I will reduce the head sentence downwards due to the following mitigating factors; guilty plea (30 % reduction, about 2 years), first time offender with no previous conviction (another 2 years) and cooperated well with the police (1 year). The head sentence is reduced down to 2 years.
10. I will make the 2 years head sentence to run concurrent with the 10 years sentence term that Taro is currently serving for a much serious offence of rape. I make the sentence to run concurrent because this sentence is for a series of sexual assaults/abuses committed against the same person (Maeva) even though spread over a lengthy period of time between 2015/2016/2018/2022 (Laui v DPP[1987] SBHC 4). I am grateful to counsel because they took no issues on a concurrent sentence.
11. Mr. Taro I convict you for indecent act premised on your guilty plea and the summary of agreed facts. I sentence you to two years imprisonment. I will make that to run concurrent to the 10 years sentence you are currently serving for rape. That means you will serve 10 years only as per the current sentence term you are serving.

THE COURT
JUSTICE JOHN A KENIAPISIA
PUISNE JUDGE