Nato v Reginam [1993] SBHC 70; HCSI-CRC 86 of 1993 (15 September 1993)

CRC 86 -93

IN THE HIGH COURT OF SOLOMON ISLANDS

Criminal Case No. 86 of 1993

ROBERT NATO

-v-

REGINAM

High Court of Solomon Islands
(Palmer J.)

Criminal Case No. 86 of 1993

Hearing: 16 August 1993
Judgment: 15 September 1993

P. Lavery for the Appellant
J. Faga for Reginam

PALMER J: Having heard the submissions the court is satisfied that the sentence imposed is well within the range of the learned magistrate to impose. Although the offences were committed at the same time they were quite distinct offences.

The learned magistrate had the power to impose such sentences. He took into account the relevant factors and felt that in view of the circumstances surrounding the commission of the offences, a custodial sentence was appropriate.

I accept that the criminal trespass offence is a distinct and separate offence, however it is my view that a concurrent sentence would be appropriate in view of the fact that a total of 9 months sentence had already been imposed for the assault causing actual bodily harm offence and the going armed in public offence. The other two offences were committed at the time he was told to leave and pushed.

The order of this court therefore would be to quash the consecutive sentence of 2 months imposed for criminal trespass and make it concurrent instead.

The appellant will therefore serve only 9 months instead of 11 months. The 13 months imposed is an error and that is accordingly corrected in this judgment.

No costs allowed.

(A. R. Palmer)

JUDGE