Hora v Regina [2005] SBHC 38; HCSI-CRC 454 of 2004 (17 February 2005)

HCSI-CRC 454 of 2004

HIGH COURT OF SOLOMON ISLANDS
Criminal Case No. 454 of 2004

MIKE HORA

-v-

REGINA

Honiara: Brown PJ

Date of Hearing: 17 February 2005
Date of Judgment: 17 February 2005

Public Solicitor for the plaintiff
DPP for the respondent

Reasons for Decision

This appellant comes to court to seek correction of the sentencing Magistrate’s apparent mistake in awarding a fine of $100,000 (in excess of his jurisdiction which allows a maximum of $1,000.00 fine) and also seeks to reduce the custodial sentence by some period to reflect parity of sentence with co-offenders whose appeals have already resulted in a benefit to them.

This person is one of a number of miscreants whose Family Charity Fund pyramid scheme scam achieved notoriety for the amount of money taken (many millions of dollars) and the callous indifference to the losses caused to many ordinary gullible Solomon Islanders. It must be remembered these perpetrators went to trial and in my view, for the reasons above, this must be one of the worst case scenarios in the circumstances envisage by the conspiracy offence under S. 384 of the Code, and would normally call for the maximum penalty available, 2 years in jail.

His Honour the Chief Justice has seen fit to reduce that punishment to 22 months for the principal perpetrator, Jean Betty Maenua, and Mr. Bannister for the Crown concedes, having proper regard to the parity principle, that this appellants sentence should not exceed that of the principals, I reluctantly reduce the sentence to 22 months, although I see not reason to attempt to balance degrees of culpability when the offence is one of conspiracy.

So far as the period to be served is concerned I direct that the period in custody from the 12 May 2003 to the time allowed bail on the 10 June 2003 be taken into account when calculating the actual time to be served and shall be taken from the 22 months calculated from date of sentence. I adopt the Chief Justice’s reasoning in Jean Betty Maenua Anors v. Regina (unreported CRC 300-003 of 2003 judgment dated 8 December 2004) and order compensation in favour of Henry Luku in the sum of $1,000.00 to be paid within one month. (It may be deducted from bail money paid by the appellant if such money has not been returned; the balance to the appellant).

Orders of the Court then:

1. Dismiss appeal against conviction

2. Uphold appeal against sentence and vary the sentence awarded by substituting a sentence of 22 months imprisonment.

3. The period spent in custody (above) to be taken into account.

4. Quash the order for compensation and substitute an order for compensation in favour of one Henry Luku for $1000.00 to be paid within one month.

5. Quash the award of a fine altogether.

THE COURT