Regina v Kutuna [1993] SBHC 72; HCSI-CRC 61 of 1993 (20 October 1993)

CRC 61-93

IN THE HIGH COURT OF SOLOMON ISLANDS

Criminal Case No. 61 of 1993

REGINA

-v-

FRANCIS KUTUNA

High Court of Solomon Islands
(Palmer J.)

Criminal Case No. 61 of 1993

Hearing: 20 October 1993
Sentence: 20 October 1993

J. Faga for prosecution
Mrs. Samuel for the Defendant

PALMER J: Give credit for a guilty plea. No previous convictions committed in this jurisdiction. Understandable because on first entry and I might add illegal entry, arrested, charged and remanded in custody until now.

I take into account that you are a foreigner. Although your entry was illegal, you came out of necessity, of great need, because of the political situation between the people of Bougainville and Papua New Guinea Government.

It seems that had you not become involved in the altercation at the Hotel, then most likely you would have been able to obtain what you came for and return to your side of the border without being apprehended.

The fact that there are many Bougainvilleans who come in and out of the country without valid passport and without clearing Immigration at the entry port does not mean that such activities are condoned and therefore should be taken advantage of. Once the international border is crossed then whoever enters Solomon Islands shores must submit to the proper authorities and be properly processed before entry into Solomon Islands. I am aware that because of the situation at the border, it seems that crossing has to be done at dark, and perhaps at places where the PNG Defence Force presence is absent or minimal.

I take into account the fact that you have been kept in custody since March and that you are not aware of what might have happened to your family i.e. your personal circumstances.

Convicted on all counts and sentenced as follows:

Count 1.	Drunk and disorderly	1 month
Count 2.	Resisting	1 month (Concurrent)
Count 3.	Assaulting	6 months
Count 4.	Unlawful presence	2 months (Concurrent)
Count 5.	Entering SI without valid passport	2 months
	TOTAL:	9 Months

(A.R. Palmer)
JUDGE