Regina v Rusu [2007] SBHC 111; HCSI CRAC 538 of 2004 (14 September 2007)

HIGH COURT OF SOLOMON ISLANDS

Criminal Case No. 538 of 2004

REGINA

v

JOHN RUSU

(Naqiolevu, J)

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

For Crown: Mr. N. Mirou
For Accused: Mr. S. Drumgold

SENTENCE

Naqiolevu J: The accused pleaded guilty to the offence of Assault Causing Actual Bodily Harm, contrary to Section 245 of the Penal CODE.

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 the complainant who was the accused de facto wife and were living together at White River. On the day in question she decided to attend a night club with her girlfriend a Miss Mary Freecy.
   

2. The complainant sought permission from the accused and proceeded to the White River bridge, at about 8:45pm. The friends sat on the bridge waiting for a taxi to take them to the nightclub.

3. The two were accompanied by the accused’s cousin Joseph, and a Redley.

4. Whilst waiting for a taxi the complainant and friend saw the accused approaching them. Joseph called out to him and the accused replied that he was looking for the complainant. At that point John was already standing in front of the complainant, who thought he was going to punch her on the face.

5. The complainant ducked her head to avoid the punch wherein the accused was observed raising his hand and with one blow, stabbed the complainant with a knife on the left shoulder area.

6. The complainant felt numb on the left hand and had difficulty breathing. Mary the complaints friend took hold of her and they both ran away from the bridge and hid in the nearby bush. They then reported the matter at the White River Police Station and was transported to the Emergency Department of the National Referral Hospital.

7. The complainant was treated as an outpatient by a registered nurse and received six stitches to the flesh wound. The complainant after treatment was then discharged, and later that evening the complainant and her friend went straight to the nightclub.

MITIGATION

8. Counsel for the accused in mitigation ask the court to consider the accused has pleaded guilty to the offence. He had no intention of stabbing the complainant. The accused had attended with the victim at the nightclub and apologize to her for the incident. He feels deeply ashamed of the offence.

9. Counsel submit the accused has now changed and attend the SSEC Church. He is now a very different young man.

The court having carefully considered the nature of the offence and the behaviour of the accused. The accused had stabbed the victim but it was fortunate the victim was able to avoid receiving serious injuries. The court has taken into consideration the accused plea of guilty he is a first offender and the mitigating circumstances. Further the age of the accused.

The court having taken these circumstances into consideration and weighing them with the mitigating factors in all circumstances convict the accused as charged and having regard to the nature of the offence, the character of the accused and instead of sentencing him at once to any punishment direct that he be released on his entering a bond in the sum of $500 with surety and during the period of 18 months to appear and receive sentence when called upon, in the meantime to keep the peace and be of good behaviour.

ORDER:

1. ACCUSED RELEASED ON HIS ENTERING A BOND IN THE SUM OF $500 WITH SURETY.

2. TO APPEAR AND RECEIVE SENTENCE WHEN CALLED UPON AND IN THE MEANTIME TO KEEP THE PEACE AND BE OF GOOD BEHAVIOUR FOR A PERIOD OF EIGHTEEN (18) MONTHS.

THE COURT