Criminal Law in Solomon Islands
Table Of Contents
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)
Section 167 of the Penal Code (Ch. 26) states:
'When a person is charged with an offence under section 164 of the Penal Code and the court is of the opinion that he is not guilty of that offence but that he is guilty of an offence under one of the sections 142 ['Defilement of Girls Under Thirteen Years Of Age'] and 143 ['Defilement of Girls Between Thirteen And Fifteen Years Of Age, Idiots & Imbeciles'] of the Penal Code, he may be convicted of that offence although he was not charged with it.' [words in brackets added]
'[Name of Defendant] at [Place] on [Date] [of or above] the age of fifteen years with consent did permit her [grandfather, father, brother or son] namely [specify the name of the (grandfather, father, brother or son)] to have sexual intercourse with her knowing that [Insert the name of the Defendant] was her [grandfather, father, brother or son].'
The jurisdiction of the Courts in respect of the offence of 'Incest By Females' 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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