Regina v Konairara [2007] SBHC 110; HCSI CRAC 481 of 2005 (14 September 2007)

HIGH COURT OF SOLOMON ISLANDS

Criminal Case No. 481 of 2005

REGINA

-v-

KNOXLY KONAIRARA & JOHN RUSU

(Naqiolevu, J)

Date of Hearing: 31st August 2007
Date of Judgment: 14th September 2007

For Crown: Ms Kleinig
For Accused: Mr S. Drumgold

SENTENCE

Naqiolevu J: The accused pleaded guilty to the offence of Assault Occasioning Actual Bodily Harm, contrary to Section 245 of the Penal CODE. This was after the crown withdrew the charge of Manslaughter, and proceeded with the alternative second count in which he is the second accused.

Section 245. Any person who commits an assault occasioning actual bodily harm is guilty of a misdemeanour, and shall be liable to imprisonment for five years.

FACTS

1. The brief facts of the case are that on Friday afternoon of the 20th December 2002, the victim John Heoniu invited his friend a Nicholas Tevako to have beer with him.
   
2. A Ceril Mounu and Chris who was a taxi driver also joined them. They drink beer outside of the office complex from 4:30pm to 6:00pm and made plans to attend a fundraising dance at the Rove Police Club later that evening.
   
3. At around 6:00pm the group left the office complex and drove in the taxi owned by Chris to Henderson Airport where they continued drinking beer. They spend some hours on the road traveling around Honiara city and then proceeded to the Rove Police Club where they arrived at approximately 10:30pm. They paid their entrance fee and went into the premises.
   
4. Outside the carpark, the victim and his associates carried the remaining beer bottles in the taxi and proceeded to the entrance of the club. About 9 meters from the entrance, a man called out to the victim and said words to the effect that he was going to punch him for something bad he did to his sister. Someone grabbed hold of the victim’s shirt collar and tried to punch him. The security came to the victim and broke up the scuffle. Apologies were expressed and everyone shook hands.
   
5. The victim and his friends entered the club premises and proceeded to the southern end of the main bar area whereupon the victim purchased a can of VB beer, opened it in such a way that it splashed onto patrons standing near the bar area. The persons who were who were sprayed with the beer are a Knoxly who is a co-accused in the first count, Froggy and a Joseph Baetolingia.
   
6. Knoxly confronted the victim and asked him why he splashed beer on them. Knoxly who was holding a VB beer can on his right hand used the can to hit the victim on the right side of the head. The victim fell backwards from the fence and went into a crouch position but did not fall down. It was observed that when the security escorted the victim away from the bar area he was not walking straight.
   

7. At around 24:00hours a William Marebouna who was also in the premises witnessed a group of men arguing near the wall facing the soccer field in an easterly direction. The 3 men were arguing among themselves when the security guard intervened and separated them.

8. A few minutes later two men Knoxly and the accused entered the premises and walked towards the victim who was standing near the wall opposite the soccer field and started arguing with him.

9. The first accused Knoxly walked up to the victim and slapped him on the left side of the face with his right fist. At the same time the accused punched the victim with closed fist to his forehead. The force of the punch caused the victim to go off balance and he fell backwards and landed on the floor. The victim did not move at all and remained unconscious.

10. Security personnel carried the victim to a Superintendent Erik Huta’s utility and he was transported to the hospital where he was admitted to the Emergency Section around the early hours of Saturday 21st of December 2002. He was placed under observation for a possible head injury.

MITIGATION

11. Counsel for the accused asked the court to consider the accused was born on the 17th of July 1976, in Malaita. He has four brothers and 5 sisters. The accused attended White River Primary School. He started work as Special Constable in 1999.

12. Counsel submit the accused has pleaded guilty to the offence, and he is a first offender. Counsel ask the court to consider several case law in this jurisdiction of the need to consider, first and foremost the need to rehabilitate the offender and to balance this with the public interest ([1]) John T-v-R, ([2]) R-v-Tulley Suleys ([3]) R-v- Wall.

13. Counsel submit that whether imposing a custodial sentence is for general deterrence the court should consider a term of imprisonment but impose a suspended sentence. The accused had made full admission. The court should consider a sentence that will assist him in his rehabilitation.

14. The court has carefully considered the circumstances of the case, the nature of the offence and the accused’s involvement in the assault. The court has further considered the accused plea of guilty and the mitigating circumstances. While the court has only convicted him in the previous case at this stage will consider him a first offender. The accused however seemed to have a habit of assaulting people and must realise that he simply can’t go around and assault people whenever he wishes.
    

The court having taken all these factors into consideration and weighing it with the serious nature of the offence, convict the accused as charged and sentenced him to 12 months imprisonment suspended for 18 months.

ORDER:

Accused convicted as charged and sentenced to 12 months imprisonment suspended for a period of 18 months.

THE COURT

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^[1] 1998-89 SILR, Unrept Criminal Case
^[2] No.113 of 1999 1991
^[3] 35 Criminal Report at p164