Regina v Salafilamo [1994] SBHC 39; HC-CRC 029 of 1994 (25 November 1994)

HIGH COURT OF SOLOMON ISLANDS

Criminal Case No. 29 of 1994

REGINA

-v-

SALAFILAMO

(Palmer J.)

Hearing: 10, 11, 17-19, 21, 22 November 1994
Sentence: 25 November 1994

R.B. Talasasa for Prosecution
J. Remobatu for the Defendant

PALMER J. The offence of Attempt to Murder is recognised as one of the more serious offences in our Penal Code with a maximum penalty of Life imprisonment. That however does not mean that the maximum is to be the norm in such attempt to murder charges.

There are degrees of seriousness depending on the circumstances of each case. The case of Regina -v- Johnson Toriana is one on the extreme side of the scale, in which there was a vicious attack, and serious injuries incurred.

I have considered other cases in the United Kingdom most of which involved husband and wife relationships, or ex-wives, or de facto partners - where the victims incur horrendous injuries. The sentences in those cases range from 5 to 12 years - the average being around the 8-9 years.

The offence attempt to murder cannot be lightly disregarded. It is a serious offence involving a specific intent. A custodial sentence therefore is to be expected.

There are however mitigating - factors in favour of this ‘A’ which I feel I can take into account.

(i) The circumstances surrounding the offence arose from the way this ‘A’ may have been hurt in his pride in the way he had been asked to pay compensation and perhaps ridiculed, and a big deal made out of it when this victim had also run away with other men.

(ii) Fortunately, for the victim, she did not incur any injury whatsoever.

(iii) Although the accused had the opportunity to attack the victim he chose not, to, though perhaps more out of fear, but that must go in his favour.

(iv) Compensation in custom had been paid to appease the victims people and therefore in custom that would enable normal relations to be resumed.

(v) A rehabilitative approach to this ‘A’ - is appropriate, such that the sentence is not too long but long enough to allow time for reflection and a change of heart and attitude.

(vi) First offender.

Sentenced to 4½ years with effect from date taken into custody. Weapons to be forfeited.

(A.R. PALMER)
JUDGE