Regina v Bitiai [2009] SBHC 49; HCSI-CRC 246 of 2008 (2 October 2009)

HIGH COURT OF SOLOMON ISLANDS

CRIMINAL CASE NO. 246 OF 2008

REGINA

V

BEN BITIAI

HEARD: 24 SEPTEMBER 2009
DELIVERED: 2 OCTOBER 2009

R Barry for the Crown
D Hou, Public Solicitor for Bitiai

SENTENCE

1. MWANESALU J: Ben Bitiai ("Bitiai") is charged with one count of intent to cause grievous harm, contrary to Section 224 (a) of the Penal Code (Cap. 28) ("The Code"). The offence carries a maximum sentence of life imprisonment. However, the court may act under Section 24 (2) of the Code to sentence a prisoner for a shorter term.

2. Bitiai and Catherine Pirioa ("Victim") lived together as man and wife from 2003 to May 2007. Their relationship was marred with violence as Bitiai regularly beat her. She left him and lived with another man called Andrew Mox, who had borne her a baby. But later, Bitiai and victim lived together again, as Bitiai promised to look after the victim and the baby. However, in November 2007, Bitiai brought the victim back to her parents because of financial concerns. He wanted to save some money by leaving the victim and the baby with the victim’s parents. On 16 December 2007, Bitiai returned to the victim’s parent’s house and ask for the victim. He was told that the victim had left and gone to live with Mox. On Sunday 23 December 2007, the victim’s baby became sick with pneumonia and admitted at the National Referral Hospital in Honiara. At about 3 am on 26 December 2007, the victim left the ward to go outside to chew betel nut. She saw Bitiai outside the fence of the Hospital holding a knife. She refused to go to him as he threatened to kill her the previous day. He threw a stone at the victim striking her in the buttock. After that the victim returned to the ward to sleep.

3. Bitiai had difficulty in coming to terms with his rejection by the victim. So at about 5am on 26 December 2007, he went into the hospital where he knew the victim and the small baby were admitted. He was armed with a 30cm kitchen knife and disguised his appearance by covering his face with a lava-lava. He entered the ward where the victim and the baby were asleep together on a bed. Bitiai touched the victim’s shoulder and woke her up. The victim woke up and faced him. He then stabbed her underneath her left breast with the knife. She sustained a deep wound which penetrates into the abdominal cavity through the left lobe of the liver, causing heavy bleeding to the victim. He stabbed her again inflicting two shallow wounds to left back shoulder area. He then fled the hospital. The victim was subsequently rushed to surgery at the Emergency Ward to have her wounds repaired. A litre of blood was drained from her abdominal cavity. She was discharged from hospital on 30 December 2007.

4. The offences in Section 224 of the code are serious because they involve deliberate or intentional causing of serious injury. But as in any other offence, some instances are more serious than others. In R V. kada, the court said:" In dealing with an offence involving the infliction of personal injury, two of the most important considerations in assessing the objective gravity of the offence must be the extent of the injury and the intention and motive of the offender. It is obvious both that the more serious the injury the greater will be the objective seriousness of the offence as also will be the case as the extent increases to which the offender appreciated that the injury would result or be likely to result. Without attempting to be comprehensive, an offence under Section 224 will be likely (subject to mitigating features, both subjective and objective) to fall into the category of the worst class of case and hence attract the maximum sentence where the injury is permanent and seriously affects the victim’s enjoyment of life, (for example, paraplegia, brain damage or loss of limb or sight) and the offender intended that injury or something like it to occur. Of course, where there is more than one victim, this is a very significant marker of increased objective seriousness".

5. Bitiai, aged 35, clearly committed a serious offence. There are aggravating features to his offence. They are these: the knife penetrated the victim’s abdominal cavity through the left lobe of the liver causing internal bleeding; there were three stab wounds in all; the offence was motivated by revenge for his rejection by the victim; it was committed in a vulnerable premises, namely a hospital; it was an attack on a defenceless mother; and it was committed with a knife being an offensive weapon. He has a previous conviction for violence.

6. The following facts are taken into consideration in favour of Bitiai while deciding the sentence which fits his offence. He pleaded guilty on arraignment which serves public interest in saving considerable time and expense of a trial; he co-operated with the police in telling them that he inflicted the injuries; and there was a delay of twenty-one months between his arrest and trial. In this case the injuries were less serious than those inflicted in Kada’s case. The victim was discharged from hospital after four days admission except that she still feels pain in her abdomen while drinking and eating. And also suffers some weakness and numbness in her arm.

7. In conclusion, this Court will pass a sentence of three years and eight months imprisonment on Bitiai. This sentence will begin to run from 26 December 2007, the first day he was taken into custody. He has a right to appeal this sentence if he does not agree with it.

F Mwanesalua J
THE COURT