Regina v Tauku [2011] SBHC 162; HCSI-CRC 273 of 2010 (8 December 2011)

HIGH COURT OF SOLOMON ISLANDS
(PALMER CJ.)

REGINA

V.

ROYIBI TAUKU

Criminal Case Number 273 of 2010

HEARING: 16 November 2011
SENTENCE: 8 December 2011

H. Kausimae and N. Kesaka for the Crown
B. Hiele and R. Cavanagh for the Defendant

Palmer CJ.:

You have been convicted of the offence of manslaughter contrary to section 199 of the Penal Code (cap. 26). This offence carries a maximum sentence of life imprisonment. Normally that would be reserved for the more serious cases of manslaughter.

This is a tragic case between you and your partner, where an argument was allowed to get out of control and resulted in the death of your partner.

I note that a knife was used and multiple stab wounds inflicted on the deceased. This however must be balanced with the fact that the knife was not brought by you for the purpose; you were not the aggressor and initiator of the aggression.

I have found in my judgement that there was no planning involved and no premeditation. You retaliated in the heat of the fight, after you had been attacked yourself and when you lost your self control. By the time you came to your senses it was too late, the damage had been done. This distinguishes your case to others.

You are a young man. You have one previous conviction for simple larceny in 2008 but which is different to this case and so for purposes of sentencing that conviction can be ignored; you can be treated as a first offender. I note what has been said on your behalf by your lawyer that there is no evidence to suggest that prior to this incident you had any propensity to violence, that prior to this incident, neither of you had hurt each other since coming together in 2008. I accept what your lawyer has said on your behalf that what happened that night was an exceptional one and occurred in a very unusual manner.

I note your remorse which was evident throughout that you have been deeply affected by this incident and sorry for what has happened. You did not seek to run away, hide or deny the incident but admitted the killing from the outset. You have been very cooperative with police throughout.

I accept submissions from your lawyer that prospects of rehabilitation in your case are good when your past behavior, personal circumstances and that of the offence are taken into account.

I also take into account that reconciliation and compensation between the families of the defendant and the deceased have been facilitated and conducted. This ensures there is peace and harmony between the two communities and especially close families of the parties in this case who would have been mostly affected. This allows you to re-enter society and the community after serving your period of imprisonment.

I also note that a submission has been made regarding your health concerns, that your arm is still troubling you and have limited mobility or use of that arm, as well as the fact that you still have a pending surgical operation on your arm. I am sure however that the Prison Authorities should be in a position to assist you in regards to these matters.

I have been referred to numerous cases with varying range of sentences between 12 months at the lower end to about 7 years in the upper scale. Each case will have to depend on the merits of each case. Balancing all the relevant factors in this case a sentence of 4 years in my view would be appropriate in this case.

Orders of the Court:

1. Convict the defendant of the offence of manslaughter.
2. Impose a sentence of 4 years.
3. The period spent in custody to be taken into account.
   

The Court.