Regina v Flyn [1998] SBHC 131; HCSI-CRC 19 of 1997 (4 November 1998)

IN THE HIGH COURT OF SOLOMON ISLANDS

Criminal Case No. 19 of 1997

REGINA

-v-

JOHN FLYN

High Court of Solomon Islands
(Muria, CJ.)
Criminal Case No. 19 of 1997

Sentence: 4 November 1998

J. Faga for Prosecution
L. Kwaiga for Accused

Sentence

MURIA CJ: You have been convicted on 3 counts of attempts to procure abortion contrary to section 150 of Penal Code. The language of the offence is procuring “the miscarriage of a woman.” You are also convicted on one count of working without a valid work permit.

The offence of attempting to procure abortion is a serious offence. The seriousness of it can be seen by the maximum punishment fixed by law for such offence. The maximum punishment for the offence of attempting to procure abortion is life imprisonment.

Your systematically applied a method in this case upon the victims to attempt to abort their babies. You charged them high fees for your unlawful act and thereby making a profit for yourself from your unlawful actions.

Until Parliament says otherwise, procuring abortion or attempting to procure abortion is against the law of this country. That is the wisdom which our law makers have in enacting such a law which protects innocent unborn children. That being so, no body has the right to do any act which would cause the destruction of such innocent unborn children. Those who do must be treated severely.

The course of conduct you employed in this case upon the victims is, to say the least, appalling. I have no doubt that you knew your actions were illegal and yet you were prepared to carry them out.

You knew also that you had no work permit and yet you opened an office and operated from that office carrying your illegal activities. You worked and earned money without work permit. That you know is illegal.

I have taken into account all that your counsel had ably presented on your behalf. I also bear in mind the fact that you spent a considerable time in custody. It is also my duty to administer the law in order to reflect society’s abhorrence of the type of conduct which you displayed in this case.

Having done so, I feel the appropriate punishment must be one of custodial sentence. The sentence of the Court is as follows:

Count 1 3 years Imprisonment

Count 2 3 years Imprisonment

Count 3 3 years Imprisonment

Count 4 Fine $50.00 i/d 2 months Impr.

Sentences in Counts 1 to 3 are concurrent.

(GJB Muria)

CHIEF JUSTICE