Folanto v Regina [1999] SBHC 56; HC-CRAC 119 of 1999 (20 May 1999)

HIGH COURT OF SOLOMON ISLANDS

CRIMINAL APPEAL CASE NO: 119 OF 1999

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REGINA

COURT OF SOLOMON ISLANDS
(PALMER J.)
CRIM CRIMINAL APPEAL CASE NO: 119 OF 1999

HEARING: 20TH MAY 1999
JUDGMENT: 20TH MAY 1999

APPELLANT IN PERSON
NO APPEARANCE FOR THE CROWNspan>

PALMER J.: The prisoner was convicted in the Magistrates' Court for the offence of larceny in a dwelling house contrary to section 269(a) of the Penal Code. She was sentenced to imprisonment for twelve (12) months on 17th March 1999. She has now filed appeal on personal grounds that she is now 7-8 months pregnant and that the sentence if served out to the end could be extremely harsh on her and the baby if she is to give birth whilst in prison.

A report has been prepared from the Social Welfare Division and and submitted for consideration by this Court. I have read the contents of that report which has proved very helpful. An X-Ray report has also been filed which confirmed the length of pregnancy to be that at 7-8 months.

I have also been able to peruse the file from the Magistrates' Court. Apart from her physical condition I find no reason in law whatsoever to alter or vary the sentence imposed. The sentence imposed by the Magistrates' Court is both correct in law and fact. But for her physical condition, I would have refused this appeal. Unfortunately, I concede the physical environment she finds herself in by virtue of her imprisonment is unsuitable for a pregnant woman and for the rearing of a small baby. Accordingly, in very rare circumstances, and this is one of them, I consider it proper to exercise the mercy of this court by varying the sentence imposed and order that the remainder of the sentence be suspended for two years with effect from date of this order.

THE COURT