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Criminal Law in Solomon Islands |
Table Of Contents
[42.0] |
Introduction |
[42.0] Introduction
When interpreting any section of the Penal Code (Ch. 26), section 3 must be considered. That section states:
'This Code shall be interpreted in accordance with the Interpretation and General Provisions Act and the principles of legal interpretation obtaining in England, and expressions used in it shall be presumed, so far as is consistent with their context, and except as may be otherwise expressly provided, to be used with the meaning attaching to them in English criminal law and shall be construed in accordance therewith.' (emphasis added)
'[Name of Defendant] at [Place] on [Date] did have sexual intercourse with a female person namely [specify the name of the female] who was to his knowledge his [granddaughter, daughter, sister or mother].'
Include the following circumstance of aggravation:
'and the said [name of the female] was under the age of thirteen years to wit [specify the age of the female].'
Section 163(3)
'[Name of Defendant] at [Place] on [Date] did attempt to have sexual intercourse with a female person namely [specify the name of the female] who was to his knowledge his [granddaughter, daughter, sister or mother].'
Include the following circumstance of aggravation:
G. Female Person
H. Under The Age Of Thirteen Years
Section 163(3)
The jurisdiction of the Courts in respect of the offence of 'Incest By Males' is examined commencing on page 14.
The law relating to 'Sentencing' in respect of that offence is examined commencing on page 918.
Refer to 'Offences Against Morality' as provided for in Part XVI of the Penal Code (Ch. 26) from section 136 to 168.
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