Regina v Yamalo [2006] SBHC 85; HCSI-CRC 169 of 2005 (23 May 2006)

HIGH COURT OF SOLOMON ISLANDS

Criminal Case No: 169 of 2005

REGINA

-v-

WILSON YAMALO

(Mwanesalua, J.)

Hearing: 22nd May 2006(At Lata)
Judgment/Sentence: 23rd May 2006

N.H. Mirou and J. Seuika for the Crown
S. Golddrum for the Accused

JUDGMENT/SENTENCE

Mwanesalua, J: The Accused is Wilson Yamalo. He was charged with the murder of Alice Ilatua on 30th December 2004 at Wia village, on Nende Island, Temotu Province. He pleaded guilty to murder, that is, he intended to cause the death of Alice Ilatua by unlawful acts on the above date. I entered a guilty plea on his own plea and convicted him accordingly.

The Facts

Wilson Yamalo is an adult and about fifty three years of age in 2004. He was a school Committee Member of Malo School. At about 7am. on 30th December 2004, Alice Ilatua ("the deceased") prepared breakfast for her husband the accused and daughter Pauline Inomio, aged seven years old. This took place at their house situated at Wia village on Nende Island, in the Temotu Province. At that time, the deceased informed the accused that she was going to Lata to visit her sister and borrow some money so that she can purchase store food to celebrate Christmas and New Year. She was going to travel by canoe to Lata with her daughter that morning after breakfast.

After they had finished having breakfast under a tree on the beach, the deceased cleared the dirty plates and cups and took them to the house. The accused followed her and the deceased told him to feed the pigs. She prepared her bags for the trip to Lata with her daughter. As she was walking to the front door to the house, the accused, stopped her and demanded to know why she had insisted, that he stay back at the village. He also enquired as to why she had packed spare clothes in the bag she was carrying. At this point, an argument started between the couple at the front door to the house and eventually led to a struggle. The accused was also holding a long bush knife when he started arguing with his wife, the deceased.

During the struggle, the deceased tried to get out of the front door, but the accused held her back and tried to stop her. She told the accused to throw the bush knife away so that they can fight. They continued to struggle until the accused managed to free his hand and throw the knife away. The fight continued into the house. She retaliated by squeezing his throat, which caused him to move backward, causing the shelves in the living room to fall down.

The accused cut the deceased on the right leg with the knife which he removed from her. The accused then left the house and went outside still holding the knife. The deceased told her daughter to run away and get help from neighbours after the accused had cut her right leg. The deceased followed the accused outside and the accused delivered a knife blow to her head. After that, the accused said that he lost all his senses and continued cutting the deceased with the bush knife. The deceased was later transported to Lata Hospital at about 10am. She was still alive, but remained unconscious until she died at about 12.14pm.

The post mortem report prepared by Dr. Giinter Kittel, of Lata Hospital on 30th December 2004, revealed the following injuries: Four deep cuts on the head and neck; one deep cut on the right shoulder; one cut on the left hand, with fracture of all metacarpal bones; and, one cut on the left leg, with fracture of the fibula and dissection of the peronaesus nerve. The cause of death was "severe intracranial bleeding due to blows on her head."

The accused traveled to Lata by canoe and gave himself up to the Police on 30th December 2004. On 2nd January 2005, he made a full and detailed confession to the Police on his involvement in the death of his deceased wife.

SENTENCE

Mwanesalua, J: You Wilson Yamalo pleaded guilty to murder, contrary to Section 200 of the Penal Code (Cap. 26). It is now my duty to sentence you. You inflicted a total of eight knife wounds on the body of the deceased. Four of those wounds were inflicted on her head causing intracranial bleeding which caused her death. A bush knife is a lethal weapon. Its application to vulnerable parts of the body, such as the head and neck, is fatal as manifested in this case.

You were cleary sorry for causing the death of your deceased wife, Alice Ilatua. That remorse was demonstrated by giving yourself to the Police; by confessing the acts which you did which caused the death of the deceased; and, by your guilty plea to the charge of murder in this court. Prior to 30th December 2004, you were a trustworthy member of your Community. You had been appointed a member of the Malo School Committee. Your crime was not pre-mediated and you are a first offender. All these mitigating factors could have been taken into account in your favour while considering the approprial level of sentence to be imposed on you, if you were convicted of a different crime, other than murder, which only has one punishment. Murder is a very serious offence. The penalty for murder is life imprisonment. This sentence is mandatory. I do not have power to impose a different sentence on you. You are sentenced to life imprisonment. I order accordingly.

F. Mwanesalua
Puisne Judge