Regina v Sikele [2008] SBHC 53; HCSI-CRC 373 of 2006 (1 September 2008)

IN THE HIGH COURT OF SOLOMON ISLANDS

Criminal Case No.373 of 2006

REGINA

V

TIGI SIKELE

Date of Hearing: 29 August 2008
Date of Decision: 1 September 2008

J. Seuika for the Crown
D. Tigulu for Tigi Sikele

DECISION ON SENTENCE

These two offences arose out of one incident, one act of criminal behaviour. The seriousness of these offences is demonstrated not in injuries but in the disturbance to the peace in a public place, which itself then led to much more serious and more widespread criminality. The behaviour including these crimes at Parliament represented an attack on democracy itself.

However, you are not in court as an instigator of this chain of events. It is accepted by the Crown that you were amongst many who became involved and that unlike others you were not involved in any advance planning of these events.

At Parliament house, you picked up a rock and threw it, not hitting anyone but aiming at the Hon. Synder Rini. Later you threw another rock and damaged police vehicles.

In determining sentence, the following matters are taken into account, which go to mitigate your sentence. You have pleaded guilty, although this may be affected by the strength of the evidence against you. No serious injuries were caused by your conduct. You have no previously recorded convictions, and appear in court as a person of previous good character. There is no premeditation alleged in your case. Later on the same day, you acted in defence of a police officer trapped by other rioters. No doubt, your actions saved that officer from serious harm.

Yet these offences themselves still merit a custodial sentence. That serves to mark the seriousness of the offences themselves, but this sentence may be suspended because of the reasons set out above which indicate to me that you are not likely to re-offend. In addition to a sentence of imprisonment of six months for each of two offences ( such imprisonment to run concurrently making a total of six months ) suspended for a period of one year, you will pay a total of $2000 in compensation. In the first instance, the $1000 in cash deposited with the Central Magistrates’ Court will be applied towards that compensation order, and the balance will be paid within 28 days from today’s date.

I will now explain to you the effect of the suspended sentence of imprisonment.

BY THE COURT

Hon. Justice E.P. Goldsbrough
Puisne Judge