R v Filia - sentence [2006] SBHC 5; HCSI-CRC 311 of 2003 (17 March 2006)

HIGH COURT OF SOLOMON ISLANDS

Criminal Case No. 311 of 2003

REGINA

–V-

DAVID FILIA

(Commissioner R D Chetwynd)

Date of hearing at Honiara: 17^th March 2006

M McColm and R Inomea Esq for the Crown
I Khan Esq for David Filia

SENTENCE

Commissioner Chetwynd. The 15^th February 2003 was a sad day in the life of the Defendant David Filia. I am sure it is one that he bitterly regrets he ever woke up to. In a drunken state he went with anger in his heart to go and injure someone he thought was responsible for the destruction of his clothes and other property. He instead ended up causing the death of someone he described as his best friend. He did this in front, as I understand the evidence, of his father.

He has made it clear from very early on that he would plead guilty to manslaughter. Unfortunately there was a shameful state of affairs, which seems to have been caused solely by a clash of personalities, in the office of the DPP. (I hasten to add that neither Mr McColm nor Mr Inomea, the present prosecutors, were involved in any way). That state of affairs has prevented an early trial of this case.

I give the Defendant full credit for his previous good character. I also give the Defendant credit for that early indication of a willingness to accept responsibility by a guilty plea. I also give credit for the fact that there has been some settlement in custom which I hope will allow Mr Filia to return to the community without fear of retribution from relatives of the deceased.

This was a death that, like so many unnecessary deaths in Solomon Islands, resulted from a drunken brawl. I am not against alcohol. I am a Welshman, a Celt, and the Celtic propensity to and fondness for drink is well known. However, what I do call for is sensible, responsible drinking and an awareness of the consequences if that is not apparent and criminal behaviour results.

I cannot allow the Defendants behaviour to go unpunished. In my view the appropriate sentence is one of 4 years imprisonment. The time spent on remand by the Defendant is to be taken into account. I have not done the calculations but I expect and hope that this sentence will result in the Defendant’s immediate release or his release in the very near future.

I sincerely hope that the Defendant can and will put all this behind him and go back to his family and to the community. I sincerely hope that he will become a useful member of society again.

R D Chetwynd
Commissioner

17^th March 2006