Vuvu v Reginam [2003] SBHC 83; HC-CC 332 of 2003 (11 December 2003)

IN THE HIGH COURT OF SOLOMON ISLANDS
Criminal Jurisdiction

Criminal Case No. 332 of 2003

BETWEEN:

DOMINIC VUVU
Applicant

-V-

REGINA
Respondent

REASONS AND ORDER

WHEREAS it appears that the Magistrate has had regard to S.15 of the Juvenile Offenders Act when awarding a sentence of imprisonment

AND WHEREAS I am satisfied on hearing the father today that the offender is aged no more than 13

AND WHEREAS the Public Solicitor appears, to argue that the Magistrate has sentenced in violation of the express provisions of S.12 in that case;

I ORDER consequently quash the sentence awarded and in accordance with the provisions of S.16 (d) I award a sentence committing the offender to the care of Joseph Saine until proper arrangements have been made to transport the child to his home place into the care of his family.

Appeal against sentence uphold. Released forthwith.

Dated this 11^th day of December 2003.

Hon. Justice J. Brown
Puisne Judge