Miriki v Regina [2012] SBHC 139; HCSI-CRAC of 2012 (6 December 2012)

IN THE HIGH COURT OF SOLOMON ISLANDS
(APANIAI, J)

Criminal Jurisdiction

Criminal Appeal Case 314 of 2012

CLENCY MIRIKI

-v-

REGINA

Date of Hearing: 6th December 2012
Date of Judgment: 6th December 2012

Mr. Ifuto'o for the Appellant.
Mr. Thita for the Respondent.

JUDGMENT

Introduction:

1. The appellant, Clency Miriki, has pleaded guilty at the Magistrate Court sitting at Gizo to the offence of drunk and disorderly under section 175(d) of the Penal Code. He was accordingly convicted and sentenced to 6 months imprisonment backdated to the 8th October 2012 when he was placed in custody.
   
2. He now appeals against the sentence.
   

Grounds of appeal:

3. There are 4 grounds of appeal. These are:
   

[a] The sentence of 6 months for drunk and disorderly is excessive.

[b] The magistrate had failed to take into account properly or at all the youth of the appellant.

[c] The magistrate had not properly considered the plea of guilty by the appellant.

[d] The magistrate had failed to take into account properly or at all the deleterious effect of imprisonment when the term of imprisonment will prevent the appellant from commencing his schooling for the year with his family in Papua New Guinea.

Decision:

4. The maximum sentence prescribed under section 175 of the Penal Code in respect of the offence of drunk and disorderly is 2 months imprisonment or a fine of $20.00, which has been increased to $600.00 under the Penalties Miscellaneous Amendments Act 2009.
   
5. It is therefore clear that the sentence of 6 months imprisonment imposed by the magistrate is wrong and I must set it aside. I must now impose a new sentence.
   
6. I have considered the submissions on behalf of both the appellant and the Crown. The appellant is a young man and certainly has a future ahead of him. He would be well advised to mend his ways if he wanted that future to be a bright one for him. He has 2 previous convictions for the same offence and this is not an encouraging sign.
   
7. Despite that, I am not prepared to give him the maximum sentence. I will instead impose a sentence of 1 ½ months imprisonment to be backdated to the 8th October 2012.
   

Orders:

8. The Orders of this court are:-
   

[1] The sentence of 6 months imposed on the appellant on the 11th October 2012 is set aside.

[2] In lieu thereof, a sentence of 1 ½ months is imposed commencing on the 8th October 2012.

[3] The appellant shall be released from custody at the rising of the court.

THE COURT