Regina v Enilole [2006] SBHC 22; HCSI-CRC (3 July 2006)

REGINA V. JOHN WILLIAM ENILOLE

High Court of Solomon Islands
(Palmer CJ.)

Date of Hearing: 28th June 2006
Date of Sentence: 3rd July 2006

R. Iomea for the Prosecution
S. Lawrence for the Defendant

Palmer CJ.:

1. The Defendant, John William Enilole pleaded guilty to the unlawful killing (manslaughter) of his wife, Junita Odi on 14 July 2005. His wife died from a single kick to her side after a domestic argument at their house. The Doctor’s Post Mortem report confirmed that the kick caused a fatal injury to her spleen from which she died shortly thereafter.
   
2. John and his wife had been married since 2000. They had their first child in 2003. It appears they led a fairly normal married life.
   
3. They had been together in the early part of the evening but that John had gone to see his parents sometimes that night, leaving his wife and child behind. While at his parent’s house he heard their child crying and so returned to the house only to discover that his wife was not at home. After calling for her and on her return he discovered that she had been to a dance. An argument ensued whereupon he kicked her on the side and fatally injured her.
   
4. John is a young man of 24 years; 23 at the time of his offence. He has no previous convictions. He regrets his thoughtless actions that night and is sorry for what has happened. On discovering that he had killed his wife through his actions, he surrendered himself to police that same night. At the earliest opportunity on his committal at the Magistrate’s Court, he indicated he would enter a guilty plea. He cooperated with Police from the outset.
   
   • 4.1 His family has been very supportive throughout and had assisted with reconciliation arrangements to compensate the family of his wife. I have documentary evidence which showed that his family had been busy in paying sufficient compensation in custom to appease the minds of his wife’s family and relatives. This court has often repeated and recognised that the payment of compensation has a part to play in Solomon Islands culture. It helps in the healing process between affected and aggrieved parties. It helps to appease warring or disputing parties and to bring them together around a common meeting place. It helps to prevent further bloodshed and in such cases as this it helps to allow an offender to re-enter society without fear of reprisals on his release. It however does not expiate the crime or extinguish the offence. It merely goes to mitigation so that whereas a longer sentence would have been imposed, the payment of compensation would entitle the defendant to be given credit and for a lesser sentence to be imposed.
     
5. I accept there are no aggravating factors in this case. John was not drunk when this offence was committed, there was no weapon involved or repeated attacks on his wife.
   
   • 5.1 He has good prospects for rehabilitation as a young man. He has a young daughter to look forward to and support on his release.
     
6. The element of deterrence both specific and general is an important consideration in domestic cases. Put simply, that on his release, John would not dare repeat this type of offence, realising that no husband or wife has any right to strike his spouse. In the context of a husband and wife relationship, the woman is the weaker vessel and so any application of brute force by a husband is bound to cause serious or fatal injuries. In such a close knit relationship where two individuals with separate personalities endeavour to come together in agreement, frictions and arguments are bound to occur. But provided these are resolved through non-violent means, no offence is committed and there is better chance/hope of the parties working through their marital problems and difficulties.
   

The courts in this country have often repeated that it is wrong in law, in custom and against Christian teachings for a husband to beat up his wife or vice versa. It is unmanly or womanly to do so. The courts have duty through the laws of this country to be an agent of change in society by consistently impressing upon husbands and wives to change or to realise the significance of their relationship so that they do not resort to physical violence, to sort out their differences and problems, or else face the prospects of time behind bars. General deterrence must play a part in the appropriate sentence to be imposed here.

6.1 I have had opportunity to review the various cases brought to my attention by learned Counsel, Mr. Lawrence for which I thank him for assisting me in that regard.

7. I give credit for all the mitigating factors so ably put to me by his Counsel in this case. A sentence of three years is appropriate in the circumstances. The period spent in custody is to be taken into account.
   

ORDERS OF THE COURT:

1. Enter conviction on the charge of manslaughter.
   
2. Impose sentence of three years; the period spent in custody is to be taken into account.
   

The Court.