Regina v Katea [1997] SBHC 30; HC-CRC 035 of 1996 (5 June 1997)

HIGH COURT OF SOLOMON ISLANDS

Criminal Case No. 35 of 1996

ter">REGINA

V

ANNA KATEA

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/p> >Before: LUe: LUNGOLE-AWICH, J

Hearing: 5^th June 1997 - Sentence: 5^th June 1997

Counsel: J Faga for the Prosecution - P Lavery for the Accused

SENTENCE

LUNGOLE-AWICH, J:

The actions of Anna Katea, the accused, is abhorrent. She took the life of her newly born. That soul today would have a name, and would have taken his place among little boys of Karie village in Makira Ulawa Province. I have, however, noted that she now regrets it, and that she has given birth to one other child, and has preserved his life notwithstanding her same position that she is unmarried. The child is said to have been born only last January, 1997, but that may be inaccuracy arising from illiteracy. Counsel for the Crown informed the court that in June last year, 1996 when committal proceedings was conducted, the child had just been born. Even so the child would be under 2 years old. He is still very much in the carrying care of his mother, a single parent. Now that one life has been lost, care must be taken to avoid hardship to the baby child of the accused, that child being lucky to be alive. I also take into account that she has pleaded guilty thereby acknowledging her responsibility. I have considered discharging the accused conditionally as was done in the case of R -v- Hilda Tiu, Criminal Case No. 2 of 1982. I came to the conclusion that it will not be adequately telling to the accused that life, however early, is very important. On the other hand I consider that the 12 months sentence 6 months of which were suspended, in the case of R -v- Salome Lamtoa Irobako Criminal Case No. 24 of 1991 was for actions more abhorent than those of the accused in this case. In the circumstances and for the reasons I have given, I sentence Anna Katea to 2 (two) months' imprisonment. Much more of the punishment will no doubt be in her conscience.

Accused has the right to appeal, against sentence only since she pleaded guilty. If she so wishes she is required to notify her appeal in 30 days from today.

Pronounced and Dated this 4^th day of June 1997

At the High Court, Kira Kira

Sam Lungole-Awich,
Judge