Regina v Fataga - Sentence [2003] SBHC 140; HCSI-CRC 12 of 2003 (18 June 2003)

CRC No 12, 2003, HC

IN THE HIGH COURT OF SOLOMON ISLANDS

Criminal Case No 12 of 2003

REGINA

-v-

FRANCIS ABUOFA FATAGA. DAVID KIUSI AND PAUL NIUDENGA

High Court of Solomon Islands
(Palmer J.)
Criminal Case Number 12 of2003

Date of Sentence: 18th June 2003

F. Mwanesalua (Director of Public Prosecutions) for the Crown
Mrs. M Samuels for the first and third Defendants
I Kako (Jnr.) for the second Defendant

PALMER J.: I have listened carefully to what your lawyers have submitted in your mitigation and taken them into account. I note second and third defendants have previous convictions but that these were committed a long time back. I can therefore comfortably regard them as stale and treat these two Defendants as having no previous convictions.

D1- Francis Abuofa Fataga:

Count 1: Has been found guilty of the offence of murder (section 200 of the Penal Code), convicted and sentenced to life imprisonment - mandatory sentence.

Count 2: Acquitted of the offence of attempted murder (section 215(a) of the Penal Code).

Count 3: The maximum sentence for this kind of offence is five years. The circumstances surrounding the commission of the offence is on the higher scale; it was used during a fight and which resulted in the death of a man. After taking into account the mitigating factors the appropriate sentence in my respectful view is one of four years.

Convicted of the offence of illegal possession of firearms (section 5(2)(a) of the Firearms and Ammunition Act) and sentenced to four years imprisonment.

D2 - David Kiusi

Count 1: Acquitted of murder.

Count 2 and 3: Treated as a first offender though has a number of previous convictions. These have been disregarded in that they were committed more than ten years back. Take note that substantial compensation has been paid to allow reconciliation to take place between the two feuding groups. I take note of the circumstances in which weapon was found in your possession. Also take note that it was coincidental that the weapon was available at such a time. I accept what you said that you only had access to the weapon for that short period of time and that it was taken back by the person who left it with you that morning. I note no shots were discharged from that rifle during that time.

1. Convicted on both counts and sentenced to 18 months imprisonment for illegal possession of firearm, and six months for going armed in public to be served concurrently; time spent in custody is to be taken into account.

2. Order that weapon be returned to the Principal Licensing Officer (Commissioner of Police) and to be disposed of as he deems fit.

D3 - Paul Niudenga

You have been very fortunate in not being charged with the possible offence of murder under section 207(d) for hastening the death of the Deceased through your actions in hitting a helpless man, the Deceased on the face and his backside with a piece of timber after he had been shot on the legs and had fallen down on the ground. I note substantial compensation has been paid. I also give credit to you as first offender, despite previous convictions recorded against your name, which I disregard as they were committed more than ten years ago. It has been suggested that a fine would be more appropriate unfortunately I am not able to accept that submission. The circumstances in which this assault was committed is very serious and justifies a custodial sentence. Convicted and sentenced to six months imprisonment.

The Court.