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R v Iabeta [2025] SBHC 82; HCSI-CRC 151 of 2024 (17 June 2025)

HIGH COURT OF SOLOMON ISLANDS

IN THE HIGH COURT OF SOLOMON ISLANDS
CRIMINAL JURISDICTION

Criminal Case No. 151 of 2024

REX

V

JABETH IABETA

Date of Hearing: 10 June 2025
Date of Decision: 17 June 2025

Ms Pellie for the Crown
Mr Tinoni for the Defendant

Keniapisia; PJ

SENTENCE

1. By judgment delivered on 1/5/2025, I convicted Mr. Iabeta for “attempted rape” contrary to Section 136F (3) of the 2016 Act^[1]. Now I have to determine the appropriate punishment to impose on Mr. Iabeta.
2. The maximum penalty available for “attempted rape” is 20 years because the offender was over 18 years of age and the victim was under 15 years, when the offence was committed in the year 2022 (Section 136F (3) (a) of the 2016 Act). Under the 2016 Act, which placed great emphasis on the protection of women and girls, this is a serious offence, as reflected in the maximum punishment available. The Court, however, has the power to impose a lesser sentence term, on the merits of each case.
3. The first place to start is to determine the starting point sentence. Counsel submitted that I can start anywhere between 5 to 8 years, because there is no starting point sentence for “attempted rape”. Counsel overlooked Sinatau, Court of Appeal 2023 which specifically and particularly stated that the starting point sentence for “unlawful sexual intercourse with a child under the age of 15 years” is 8 years. This is a case of unlawful sexual intercourse (attempted rape contrary to Section 136F (3) read in conjunction with Section 136F (1) of the 2016 Act) with a child under 15 years, because the victim, Jocelyn Roroia, was only 9 years and 8 months at the time of offending in the year 2022. I will therefore set the starting point sentence at 8 years.
4. I identify the following serious aggravating factors, namely, – drunkenness, age disparity, young age of the victim, psychological harm and trauma, offence committed in the home at night and invasion of the home and privacy of the victim. Due to the seriousness of these 6 aggravating factors, I will uplift the start point sentence by 6 more years (one year for each aggravating factor). Increases due to serious aggravating factors should be made in years and not merely in weeks and months (Bade, Court of Appeal 2023). That will bring me to 14 years head sentence before mitigation.
5. I also identify the following mitigating factors to reduce the head sentence downwards – first time offender with no previous convictions (2 years), compensation (2 years), rehabilitation (3 years) and cooperation with the police (1 year). I will reduce the inflated head sentence by 8 years. Here I will give big reductions for rehabilitation, first time offender with no previous convictions and compensation. Rehabilitation is an important one because, the defendant is in his 20’s and will have come out a better person after time in the correctional centre and be re-integrated into society to become a better person again.
6. Defence counsel made a persuasive submission that it is time the courts truly recognise compensation as a worthy custom and give credit to it through big reductions in mitigation rather than mere lip service only.
7. The final head sentence I will give after mitigation reductions is 6 years. But then Mr. Iabeta had spent 2 years and 8 months in pre-trial detention already. Hence, I will sentence Mr. Iabeta to 3 years and 4 months imprisonment term only.
8. Mr. Iabeta I will sentence you to 3 years and 4 months imprisonment, because you have already served another 2 years and 8 months in pre-trial detention from October 2022 to June 2025. This term of 3 years and 4 months will begin to run from the month of June 2025. I hope this punishment of 6 years will deter you and the like-minded people out in the community. I hope that you will come out a reformed person and re-integrate back into the community.

THE COURT
JUSTICE JOHN A KENIAPISIA
PUISNE JUDGE

^[1] The 2016 Act refers to the Penal Code Act (Cap 26) as amended by the Penal Code (Amendment) (Sexual Offences) Act 2016 (No. 3 of 2016).