Regina v Madada [2008] SBHC 98; HCSI-CRC 83 of 2008 (13 November 2008)

IN THE HIGH COURT
OF SOLOMON ISLANDS

Criminal Case No. 83 of 2008

REGINA

V

MALACHI MADADA

Date of Hearing: 13 November 2008
Date of Judgment: 13 November 2008

R. Iomea for Crown
E. Cade for Accused

DECISION ON SENTENCING

Cameron PJ

1. Mr. Malachi Madada appears for sentence in this Court on a charge of manslaughter. It relates to the death of his wife, Pretenda Zalemasi. He pleaded guilty to that charge in the Magistrate’s Court on 18 March 2008, and the matter was then transferred to this Court for sentencing.

2. Up to 22 July 2007, Mr. Madada was a farmer supporting his wife and family in the village of Soranamola, East Choiseul, Choiseul Province. The couple had one child who is now aged four years who is now living with his deceased wife’s relatives.

3. There is an agreed statement of facts which discloses that on Sunday 22 July 2007, Mr. Madada got into an argument with his wife in their family home. The argument appears to have been trivial in the sense that Mr. Madada complained to his wife that his shirt hadn’t been sewn by her to which she responded that the sewing machine wasn’t working. This caused Mr. Madada to punch her once in the ribs and no weapon was involved. This was approximately 10.30 am, and the doctor estimated that his wife died some 15 minutes later from the blow. The doctor, who made an assessment of the cause of death later that day, concluded that the likely cause of death was internal bleeding due to a ruptured spleen.

4. I accept the defence submission that death or serious injury was not intended or contemplated. One aggravating feature of the offending is that while Mr. Madada remained with his wife for a short time after the punch, he then ran away and hid, while his wife was still alive. It was some family members and villagers who heard her crying and went to her aid, and apparently she died while they were attending to her. I am advised that the reason for Mr. Madada running away and hiding was that he feared retribution from his wife’s family; while that may be, he nevertheless put his concerns for his own safety ahead of the interests of his dying wife, and that reflects very badly on him.

5. Mr. Madada is now aged 27 years, his wife was only 23 years old when she died. There are some mitigating factors which need to be taken into account. The first is that Mr. Madada has no previous convictions of any kind. The second is that I accept that he entered the plea of guilty at the first reasonable opportunity given that he was initially charged with murder which over a period of time was then reduced to manslaughter.

6. I accept that when police arrived on the island later that same day of the incident, Mr. Madada made no attempt to evade them and cooperated fully with them and admitted the extent of his involvement in the incident. I accept that he is remorseful in relation to his conduct, and that for this reason he has initiated an attempt through his family members to reconcile with his wife’s family. Whether that succeeds remains to be seen. I accept also that there is every prospect over a successful rehabilitation of this offender. Both counsel have helpfully referred to a number of relevant authorities for this particular type of offending and I accept that the range is between two and four years imprisonment.

7. I note that Mr. Madada has been in custody in relation to this incident since 22 July 2007. It is proper that any term of imprisonment fully reflect the time that this man has been in custody. In all the circumstances, Mr. Malachi Madada, I sentence you to a term of three (3) years imprisonment, which I direct is to be taken as having commenced from 22 July 2007.

BY THE COURT

Hon. Justice IDR Cameron
Puisne Judge