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R v Nemao [2025] SBHC 40; HCSI-CRC 456 of 2024 (14 March 2025)

HIGH COURT OF SOLOMON ISLANDS

IN THE HIGH COURT OF SOLOMON ISLANDS
CRIMINAL JURISDICTION

Criminal Case No. 456 of 2024

REX

V

NORMAN NEMAO

Date of Hearing: 13 March 2025
Date of Judgment: 14 March 2025

Mr J Auga and S Beto for the Crown
Mr O Ma’ungatonu for the Defendant

Sentence

Mr. Nemao you have been convicted on your own plea of the offence of Attempted rape contrary to section 136 F (3) (b) of the Penal Code (Sexual Offences) Amended Act 2016.

The agreed brief facts of this case showed that on 7^th August 2024, early in the morning about 5 am, the Complainant was on her way to the market. She met you along the road near Hura beach and saw you carrying a bush knife. She walked past you but then noticed that you were following behind her. She felt frighten but could not walk faster as she was carrying her things for the market.

You caught up with her and asked if anyone came with her. She lied to you that her husband was on the way. She notice you were acting suspiciously so she ran to the main road leading to the beach but she stumble and fell down. When she fell down you went to her and climbed on her back and said to her “by mi fuckem you this taem naia. The Complainant said to you “but before you mi tufala facke mi like for you givim kam knife you holem ia. Your gave her the knife and she threw it away and try to escape but you stood up, grappled her and tackled her down to the ground and held her neck firmly making it hard for her to breath, you then lay on the Complainant and try to remove her cloths and felt you pressed your erected penis to her abdomen. The Complainant kicked you in groin causing you to let go of her and she escaped.

In considering the appropriate sentence that I should give you, I take into account the submissions of counsel for the prosecution and counsel for the defence. Counsel for the prosecution highlighted the sentencing principles and sentencing methods. He also refer to aggravating facts of the offence you have committed which, include physical violence to the Complainant, you were armed with a knife although there is no evidence that you intend to use it against her. Counsel also refer to psychological harm and trauma suffered by the Complainant. He submits that because of these the starting point should be 4 years imprisonment.

Counsel for the Accused in his submission refer to aggravating factors and highlighted the mitigating factors including, the early guilty plea, accused been remorse, you are a first-time offender with no previous and that you are young and that you had cooperate with the police and correctional officer since your arrest.

I take into account the submissions of counsel for the prosecution and defence and the case authorities referred to by counsel. I took into account the aggravating factors submitted by the prosecution. I also take into account the mitigation factors submitted by counsel for the defence on your behalf. While I take into account the aggravating factors submitted by the prosecution, I consider the aggravating facts were minimal in that you did not intend to use the knife against the Complainant and the physical violence was minimal. I had taken these mitigation factor in your favour, that you pleaded guilty at the earliest opportunity which is sign of remorse. That you are a first time offender with no previous conviction and that you had being cooperating with police and correction services. However, the offence you were guilty of is a serious offence, it carries a penalty of 15 years imprisonment. After considering all the facts of this case I accept submission of counsel for the prosecution that starting point should be 4 years imprisonment, but taking into account that the aggravating facts were minimal and the strong mitigation factors in your favour.

I deducted 6 months from 4 years and impose on you three and half year imprisonment. I order that time spend in custody shall be count as part of your sentence.

IRA

THE COURT
Justice Emmanuel Kouhota
Puisne Judge