Regina v Waiwai [1995] SBHC 14; HC-CRC 041 of 1994 (9 June 1995)

HIGH COURT OF SOLOMON ISLANDS

Criminal Case No. 41 of 1994

REGINA

-v-

JOHN WAIWAI

BEFORE: Muria, CJ.

Hearing: 11 April 1995
Sentence: 9 June 1995

DPP for Crown
M.B. Samuel for Respondent

(MURIA CJ): You have escaped being found guilty of murder because of I am satisfied that you had been extremely provoked by your wife. However, the Court found you guilty of manslaughter.

The maximum penalty for manslaughter is life imprisonment.

I have considered all the circumstances surrounding the commission of the crime in your case and I have come to this conclusion that you are entitled to some reduction in your sentence.

You are a man of previous good character.

You had lost your job because of what happened. You have also lost your family.

I bear in mind that you are prepared to pay compensation and I encourage you to do so.

As I have found you are extremely provoked by your wife into doing what you did. But you must accept the fact that the result of your unlawful act is that your wife died. That is that seriousness of the case and the Court must punish you for that.

In the circumstances and taking into account what your Counsel has stated, I feel a sentence must be passed to reflect that.

Sentence: 3½ years imprisonment with effect from the date taken into custody.

(Sir John Muria)
CHIEF JUSTICE