Regina v Maoma - Sentencing Remarks [2008] SBHC 50; HCSI-CRC 300 of 2006 (8 August 2008)

HIGH COURT OF SOLOMON ISLANDS

Criminal Case No. 300 of 2006

REGINA

V

WILLY MAOMA, TOME FUTA, BRIAN
SUAKE, NIXON MAETOIA, DANIEL KAPINI

Dates of Hearing: 12 November 2007 to 27 May 2008.
Date of Decision: 08 August 2008

R Cavanagh for Willy Maoma,
George Squier for Tome Futa
Edward Cade for Brian Suake
Doko Kari for Nixon Maetoia
'Amelia Fa'asau for Daniel Kapini
Edward Fitzpatrick, with him
Ricky Iomea for the Crown

SENTENCING REMARKS

Commissioner Lewis:

1. Willy Maoma and Job Tome Futa you and each of you have been found guilty of three counts of the offence of murder contrary to the provisions of the Penal Code section 200.

2. You Maoma and you Futa have also been convicted of the offence charged in count 6 in the Information namely that you and each of you have also been convicted of 'aggravated robbery' from the witness Kesty Babaua' (section 239 of the Penal Code), and the offence of 'going armed in public' (section 83 of the Penal Code).

3. Futa you have been separately convicted of the offence of 'unlawful wounding' of the witness Kesty Babaua (section 229 of the Penal Code). Ms. Hedder appeared for you both and made submissions about you, your backgrounds and your antecedents. Neither of you have convictions for any criminal offence in the past.

4. You Maoma are 36 years of age. You have 2 children whose ages are 12 and 15 years both of whom attend school and you were a diver and you had been the sole breadwinner of the family until your arrest. Your wife now has the responsibility of providing for the family. They live in the Marau region.

5. You Futa are 26 years of age. You have no convictions for offending in the past alleged against you – I am therefore entitled to assume that there are none. You have been married for four years and you have one child aged three years. You have not seen the family since your arrest although you understand from messages to you that they are healthy. Your parents have passed away. Your mother in law lives with your wife and child. No one is able to look after them and provide an income. You had a logging machine which you operated to keep the family but your wife is unable to use it. These offences for which you are to be sentenced seem to me to be ones for which I am entitled to back date and in any event make concurrent with the conviction for murder. I adopt that course. I treat the facts to be those found at trial and regard them as I did with Maoma as appalling. You offer no explanation for your behaviour.

The sentences are as follows:

MAOMA

Count 1	MURDER	Fox Mono	Life Imprisonment
Count 2	MURDER	Jonathan Kennedy	Life Imprisonment
Count 3	MURDER	Sebastian Abele	Life Imprisonment
Count 6	AGGRAVATED ROBBERY	Babaua	10 years imprisonment backdated to 03.04.06
Count 8	GOING ARMED	Babaua, Manemala	one year imprisonment backdated to 03.04.06 (concurred with the sentence in ct 6)

FUTA

Count 1	MURDER	Fox Mono	Life imprisonment
Count 2	MURDER	Jonathan Kennedy	Life imprisonment
Count 3	MURDER	Sebastian Abele	Life imprisonment
Count 5	UNLAWFUL WOUNDING	Babaua	Three years imprisonment back-dated to 03.04.06.
Count 6	AGGRAVATED ROBBERY	Babaua	10 years imprisonment back-dated to 03.04.06.
Count 8	GOING ARMED	Babaua, Manemala	one year imprisonment (concurrent with the sentence in ct. 6)

J. W. LEWIS
COMMISSIONER of the HIGH COURT