Westerhuis v Reginam - Sentence [1999] SBHC 103; HC-CRC 144 of 1999 (7 October 1999)

HIGH COURT OF SOLOMON ISLANDS

HC-CRC144 of 1999

GEORGE WESTERHUIS

-v-

REGINAM

High Court of Solomon Islands
(Muria, CJ.)
Criminal Case No. 144 of 1999

Hearing: 6 October 1999
Sentence: 7 October 1999

M. B. Samuel for Appellant
DPP for Respondent

SENTENCE

MURIA CJ: Having dismissed the appellant's appeal, he is now before the Court for sentencing for which he was committed to this Court. Having heard Counsel for the accused, I am satisfied that some measure of leniency be given to the accused. It is unfortunate that he faced the law in this country by himself, rather than with the main person Steve Taker who is out of the jurisdiction. Nevertheless, the accused played a part, though briefly, in Mr. Steve Taker's scheme.

I bear in mind the personal circumstances mentioned by Ms Samuel on his behalf. I also bear in mind the penalty imposed by the law in this case. The Court still has discretion in imposing what is appropriate for the accused in the circumstances.

I consider in this case the proper punishment for the offences of which he was found guilty would be:

Count 1. $500.00

Count 2. $500.00

Count 3. $200.00

$1,200.00

All fines to be paid by 12.00 noon tomorrow Friday 8 October 1999 i/d 6 months imprisonment.

Accused passport to be released only after the fines are paid.

I order the boat "Patra" also known as "Kufra", the cartons of Rum and Firearms and Ammunition be all forfeited to the State:

(GJB Muria)
CHIEF JUSTICE