Regina v Ramotai [1993] SBHC 64; HCSI-CRC 47 of 1993 (4 August 1993)

CRC, 47, 93.HC

IN THE HIGH COURT OF SOLOMON ISLANDS

Civil Case No.47 of 1993

REGINA

-v-

HUDSON RAMOTAI & REUBEN PWAISUU

High Court Sitting at Kira Kira
(Palmer J.)
Criminal Case No. 47 of 1993

Hearing: 4th August 1993
Judgment: 4th August 1993

J.Faga for Prosecution
C.Tagaraniana for Defendant

SENTENCE

PALMER J: I give credit for a guilty plea and no previous convictions.

I also take into account that you are a juvenile of 14 years old when offence was committed. I have also heard what your solicitor has said in mitigation about the role you played in the commission of this offence. It is clear to me that you were an unwilling participant, was taken advantage of because of your age and size. The hole through which you went in was just big enough for a small person like you but not for an adult.

I also note you only received a small share from the proceeds, of about $41.00 only.

The time lapse also needs to be taken into. It is not so much your fault as the lack of magistrates. It is now 4 years after the offence was committed.

I also take into account the sentence imposed by the lower court in respect of the co-accused, Rueben Pwaisuu. For purposes of uniformity and consistency, I am obliged to impose a similar sentence or less.

Offences of store breaking are serious and normally custodial sentences are imposed. However, the learned magistrate has deemed it proper to impose only a suspended sentence in respect of the co-accused which is a very lenient sentence. However I do not have the record of proceedings of that co-accused and so I am not in a position to say any more.

I accept that I can treat your case slightly different in view of the submissions made by your solicitor. You must understand that this sentence has been particularised to suit your circumstances only.

I will put you on probation for 1 year with effect from today. (Probation Order explained to Defendant and understood).

Order made accordingly.

(A.R. Palmer)
JUDGE