R v Gillespie [1993] SBHC 55; HCSI-CRC 304 of 1993 (2 March 1993)

IN THE HIGH COURT OF SOLOMON ISLANDS

Criminal Case No.304 of 1993

R

-v-

ROSEMARY GILLESPIE

In the Magistrate Court of Solomon Islands
Sitting at Honiara.
(Palmer J.)
Criminal Case No. 304 of 1993

Hearing:
Judgment: 2nd March 1993

Director of Public Prosecution for The Crown
Francis Waleilia for the Defendant

SENTENCE

PALMER J: I give credit for a guilty plea and that the defendant is a first offender. I take note of the circumstances surrounding the commission of the offence, in particular the reference to the reasons for entering and remaining in this country. The charge refers specifically to the entry into Solomon Islands borders and jurisdiction on the 1st of March 1993. The movements of the defendant however go back as far as the 18th October 1992 when the visitor’s permit of the defendant was cancelled.

It is obvious that the motives of the defendant were ultimately to enter the rebel torn island of Bougainville on humanitarian grounds. The only way she could go through was to use Solomon Islands as a stepping stone. She has successfully done that and now is on her way out back to her home country.

She did not enter this country on humanitarian grounds. She entered this country as a visitor with humanitarian concerns for the victims of the war between the Bougainville Revolutionary Army and the PNG Defence Force. This was not a hidden motive. It was widely publicised. It was after this that the visitor’s permit of this defendant was cancelled and she was graciously asked to leave the country voluntarily.

She has now returned or reappeared and is making an undertaking to leave the country voluntarily. The appropriate authorities have accepted this. It has been submitted that there is a valid air ticket to leave the country by plane this afternoon. The defendant has also willingly placed herself under Police Custody until her departure. I take note of this in her favour.

The maximum penalty prescribed by law is a fine of $400.00. Giving due credit for her mitigation she is convicted and fined $300.00, payable now, in default, 5 months in prison.

I would suggest that some sort of escort be made to ensure that she boards her plane today.

(A. R. Palmer)
JUDGE