Regina v Kada [2007] SBHC 134; HCSI-CRC 292 of 2007 (26 October 2007)

HIGH COURT OF SOLOMON ISLANDS

Criminal Case No. 292 of 2007

REGINA

-v-

JOHN KADA, LEONARD D LULUMAE AND EDDIE MAKI MOON

(Mwanesalua, J.)

Hearing: 14,15,16,17,20,21,22,23,24,27,28,29,30 August and 4 September 2007
Sentence: 26 October 2007

Mr C K McConaghy for the Crown
Ms M Lidimani for John Kada
Mr K Averre for Leonard Lulumae
Mr Kavanagh for Eddie Maki Moon

SENTENCE

1.	Mwanesalua, J: John Kada pleaded guilty to two counts of intention to cause grievous harm and one count of burglary, contrary to sections 224(a) and 299(a) of the Penal Code (the Code) respectively. He was convicted of these offences upon his own guilty pleas on 14 October 2007.
2.	Leonard Lulumae pleaded guilty to two counts of intention to cause grievous harm and one count of burglary, contrary to sections 224(a) and 299(a) of the Code respectively. He was convicted of these offences upon his own guilty pleas on 14 October 2007.
3.	Eddie Maki Moon was found guilty of two counts of intention to cause grievous harm, one count of burglary, one count of criminal trespass and one count of simple larceny, contrary to sections 224(a), 299(a), 189(2) and 26 of the Code on 5 October 2007.
4.	The agreed facts in respect of John Kada and Leonard Lulumae are that at approximately 2am on Sunday, 26 February 2006, a group of boys including John Kada, Leonard Lulumae, Eddie Maki Moon, Bebeni Kabe, John Konley, Lawrence Kanake and Joe went to the compound of a dwelling house located in the Far East Enterprises premises at Ranadi, in Honiara. Their intention was to break into the dwelling house in order to steal money. The ring leaders of the burglary were John Kada, Leonard Lulumae, Eddie Maki Moon and the person called Joe. A number of people living in the dwelling house included Wei Lan Chan, Jessy Chan, Jenny Xia Chan and Peter Zheng. Some of the boys were armed including John Kada who was holding a bush knife and Leonard Lulumae who was holding a kitchen knife. John Kada and Eddie Maki Moon took the lead in taking the boys to the dwelling house. The group climbed the wall of the compound and went to the front door of the dwelling house. Jessy Chan came out of the house. The boy named Joe then raised a bush knife and struck him at the back of the neck intending to cause him grievous harm, and in fact causing him very significant injuries. Jessy Chan immediately fell to the ground and remained there until he was taken to hospital sometime later. Some of the boys including John Kada, Leonard Lulumae, and Eddie Maki Moon then went into the house. Whilst inside they were confronted by Jenny Xia Chan and her husband, Wei Lan Chan. A stone was thrown on Jenny Xia Chan, striking her on the right arm. One of the boys attacked Wei Lan Chan, stabbing him in the back intending to cause him grievous harm, and in fact causing him very significant injuries. Wei Lan Chan fell to the floor and remained there until he was taken to hospital sometime later. The boys then left the property taking with them electrical goods to the value of $13,600.00. Most of the property have not been recovered.
5.	The relevant of facts in relation to Eddie Maki Moon were that in the evening of 25 February 2006, a group of boys including John Kada, Leonard Lulumae and Eddie Maki Moon himself planned to break into the dwelling house at the Far East Enterprise, at Ranadi, to steal money. At about 2 am on 26 February 2006, they climbed over the wall of Far East compound and surrounded the dwelling house. Jessy Chan came out of the house when he heard the dogs barking. Joe walked towards Jessy Chan from behind and cut Jessy Chan on the back with his bush knife. Eddie Maki Moon then entered the house after Jessy Chan fell to the ground. The Security lights were on when the burglary was committed.
6.	Eddie Maki Moon opened and entered the room where Peter Zheng usually kept his electrical goods, and took away decks. Eddie Maki Moon, John Kada and Leonard Lulumae entered the dwelling house without permission. They and their boys left the property taking with them electrical goods to the value of $13,600.00.
7.	The offences of intention to cause grievous harm and burglary against John Kada, Leonard Lulumae and Eddie Maki Moon are very serious. They each carry a maximum sentence of life imprisonment.
8.	John Kada, Leonard Lulumae and Eddie Maki Moon all took part in planning the burglary. They led the boys to the dwelling house. John Kada and Leonard Lulumae were armed with knives. John Kada, Leonard Lulumae and Eddie Moon Maki were present outside the dwelling house when Joe cut Jessy Chan with his bush knife. They went into the house. They opened and entered the room in which Peter Zheng kept his electrical goods. They were present in the house when a member of their group stabbed Wei Lan Chan with Leonard Lulumae’s kitchen knife. They and the boys left the property with electrical goods to the value of $13,600.00. Some of the goods have not been recovered.
9.	The court accepts the following mitigating factors in favour of John Kada, Leonard Lulumae and Eddie Maki Moon. That they were young. They have no previous convictions. That there was delay in the disposal of their cases. John Kada and Leonard Lulumae pleaded guilty. That Eddie Maki Moon got married and settled down after he committed his offences.
10.	The court would also consider the seriousness of the offences and the injuries sustained by the victims in order to reach the appropriate length of sentences to be imposed on John Kada, Leonard Lulumae and Eddie Maki Moon.
11.	The offence of burglary was planned and committed in company. John Kada and Leonard Lulumae were armed with knives. These are aggravating factors of the offence. The victims have a right in Law to be secure and safe in their home. Peter Zheng lost some of his personal properties. The offences of intention to cause grievous harm were committed in furtherance to the commission of burglary.
12.	According to the medical report, Jessy Chan and Wei Lan Chan suffered very serious injuries on their bodies.
13.	Jessy Chan was severely injured with a complete transection of the spinal cord with paralysis below c6 on the right and T1 on the left. He will remain with a permanent tetraplegia (quadriplegia) below c6 on the right and T1 on the left. He could only move around on wheelchair.
14.	Wei Lan Chan was knifed in the spine at T6 level and suffered a motor complete paraplegia at T7 level with minimal sensory sparing. He will remain with permanent significant disability and will need a wheel chair for mobility and specific bladder and bowel management long term.
15.	Both Jessy Chan and Wei Lan Chan will be susceptible to complications of spinal cord injury relating to paralysed bladder and loss of sensation in skin. They are likely to suffer from urinary tract infections and pressure ulcers of skin which may lead to septicemia and death unless adequately managed with the guidance of health-care workers with specialist spinal cord injury knowledge.
16.	Jessy Chan and Wei Lan Chan’s health, livelihood and future prospects in life were destroyed as direct results of the burglary and the offence of intention to cause grievous harm. They were innocent men pausing no danger to the home invaders. Their injuries will not only affect them personally, but will also have devastating consequences on members of their immediate and extended family members. They are father and son in their family in their own immediate family.
17.	The Court holds the view that the appropriate sentencing range for these two serious offences should be between 4 and 7 years in view of the mitigating factors made on behalf of the accused.
18.	John Kada, Leonard Lulumae and Eddie Maki Moon are each sentenced to 4 years 6 months imprisonment for each of the two counts of intention to cause grievous harm and 4 years 6 months imprisonment each for burglary. But Eddie Maki Moon is further sentenced to 5 months imprisonment for criminal trespass and 5 months imprisonment for simple larceny. These offences arose out of the same transaction. The Sentences will be served concurrently. This means that each of them will only serve a total term of 4 years and 6 months in prison. John Kada’s sentence will take effect from 6 March 2006; Leonard Lulumae’s sentence from 22 March 2006 and Eddie Maki Moon from 6 October 2006. These were the dates when each of them was first taken into custody. Eddie Maki Moon will serve his sentences on the date indicated although he was subsequently released on bail pending trial. Orders accordingly.

Francis Mwanesalua
Puisne Judge