Regina v Kala [1999] SBHC 37; HC-CRC 017 of 1999 (16 April 1999)

HIGH COURT OF SOLOMON ISLANDS

HC-CRC No. 17 of 1999

REGINA

-v-

class="Mss="MsoNormal" align="center" style="text-align: center; margin-top: 0; margin-bottom: 0"> PATRICIA MELVIN KALA

High Court of Solomon Islands
(LUNGOLE-AWICH, J)
r> Criminal Case No. 17 of 1999

Hearing: 16 April 1999
Sentence: 16 April 1999

J Faga for the Crown
Mrs M Samuel for the accused

SENTENCE

(LUNGOLE-AWICH, J): Patricia Melvin Kala, the accused, is aged 27 years. She has been convicted on her plea of guilty to manslaughter under s: 199(1) and (2) of the Penal Code in Chapter 5 in the Laws of Solomon Islands. On 16.4.1998 she unlawfully caused the death of her husband, Jack Kala, by stabbing him on the base of the neck with a cereted kitchen knife. The knife has a sharp pointed blade measuring 10.3 centimetres.

Mitigating factors in favour of Mrs Kala are that she pleaded guilty, she has a 7 year old child to look after, she, the deceased and others had been drinking and may have been easily inflamed by arguments. More importantly is that her husband attacked her first when she demanded that he was to stop drinking, he held her on the neck to strangle her and struck at her with a grass slasher, she sustained pain and bruises in the altercation. I also note that her husband and her frequently fought. She has been in prison custody since 16.4.1998, some 1 year ago today. Now her husband is dead, though by her own hand; she will now live with that unpleasant memory. It has been a sorry story in the family.

I must, however, take into at that when she stabbed herd her husband, it was a sort of pay-back; their quarrel had calmed down, when she came over to where her husband was drinking and restarted the quarrel. The Court has to punish the facts of the crime appropriately. The punishment must reflect justice in the facts of the case, it must suit the offence and the offender. The law intends that manslaughter be regarded as a serious offence; it directs the maximum penalty of life imprisonment in the worse case of manslaughter.

I have noted the three cases citedearned counsel Ms Samuel anel and the fact that in two of them the deceased were relatives. In R -v- Freda Fagarigia HC CrC 35 of 1990, accused killed his own sister, the sentence was 2½ years imprisonment. In R -v- Gabriel Waiko and Martin Manehai, HC CrC 19 of 1998, accused killed their brother who had injured a relative. Compensation had been paid. They were sentenced to 2 years imprisonment. In another case not cited today, R -v- Tuanitete, HC CrC 29 of 1992, accused killed a brother; he used a rake, he was imprisoned for 4 years.

With all due respect, I think that unless there are exceptional onal mitigating factors, punishing manslaughter whereat weapon has been used, with 2 years imprisonment is too lenient. In this jurisdiction even theft and burglary is often punished with 2, 3 and even 4 years imprisonment. In this case I cannot ignore the fact that accused used a rather dangerous weapon to stab the deceased who posed no danger of attacking her at the time. The deceased had been held off by some people and accused had run away. Accused acceptedly acted in anger as the result of her having been struck with a grass slasher, although she was not cut.

Accused has right of appeal against sentence, she may note her appeal within 30 days.

Pronounced this Friday the 16th day of April 1999

At the High Court
Honiara

Sam Lungole-Awich

Judge