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Regina v Lawrence [1993] SBHC 85; HCSI-CRC 98 of 1993 (5 November 1993)

CRC - 98/93 HC


IN THE HIGH COURT OF SOLOMON ISLANDS


Criminal Case No. 98 of 1993


REGINA


V


MACLEAN LAWRENCE


High Court of Solomon Islands
(Palmer J.)


Criminal Case No. 98 of 1993


Hearing: 5 November 1993
Sentence: 5 November 1993


R.B. Talasasa for Prosecution
A. Radclyffe for the Defendant


PALMER J: This is one of those tragic and sad cases where a death has occurred within a family from a domestic row. The courts have persistency voiced out that physical violence should not be resorted to in any domestic rows. An assault on the wrong part of the body can cause death, and this is what has occurred in this case.


I note that there was no real intention to kill or maim the victim. The assault was done in the heat of the moment. Nevertheless, it was still a deliberate act and with sufficient force to cause the death of the deceased.


I take into account that the ‘A’ is a young person with two children, and that the children will be deprived of their father for sometime.


I have considered the range of sentences in this, with an average of 3-4 years.


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


Convicted and sent to prison for 4 years w.e.f. 18 January 1993.


(A. R. Palmer)

JUDGE



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