R v Kaimanisi [1986] SBHC 18; [1985-1986] SILR 260 (6 November 1986)

1985-1986 SILR 260

IN THE HIGH COURT OF SOLOMON ISLANDS

Criminal Case No. 42 of 1986

R

v

KAIMANISI

High Court of Solomon Islands
(Ward C.J.)
Criminal Case No. 42 of 1986

5 November 1986 at Honiara
Sentence 6 November 1986

Sentence - violence perpetrated under pretext of custom

Facts:

The accused pleaded guilty to three counts of serious offences of violence perpetrated under the pretext of custom. Accordingly, the judgment was limited to what factors may be considered in aggravation and in mitigation in passing sentence in such a case.

Held:

There was no genuine right in custom for the accused to act as he did, the offence was repeated, a knife was used and on two occasions the accused was accompanied by a gang. Also, the accused had previous convictions for violence.

Accordingly, the accused was sentenced to five years imprisonment on the first and second counts and four years on the third count, all concurrent.

No cases considered

Thomas Kama for Regina
Andrew Radclyffe for the Accused

Ward CJ: These were serious offences of violence perpetrated under the pretence of custom.

There are far too many cases of this nature being committed. Members of the public are being terrorised by bogus demands for compensation or real claims being demanded at knife point frequently by gangs of thugs.

I make it clear that anyone who accompanies a demand for compensation, whether genuine or not, with threats or actual violence is committing a criminal offence and will be dealt with severely by the courts.

Anyone subjected to threats or violence should report it to the police and all people convicted of such offences must expect immediate imprisonment. Where weapons are used or the threats are by a gang the sentences will be particularly severe.

Genuine requests for compensations must be settled by proper customary means through the chiefs or elders.

In your case, you have admitted there was no right in custom to act as you did. Your case is aggravated further by the fact that you went back and repeated the offence, you used a knife and, on two occasions, you were accompanied by others.

You also have previous convictions for violence.

On the other hand, I allow for your plea of guilty and the matters of mitigation raised in your letter and amplified by counsel-

Count 1	5 years
Count 2	5 years
Count 3	4 years

all concurrent i.e. 5 years in all.

When you appeared at the Central Magistrates Court you asked for all your outstanding cases to be dealt with together but the court was not told of his case. I am sure the court would have set that sentence by this offence and so I shall make this sentence concurrent with the sentences imposed on 14.8.86.