Regina v Visuverana [2013] SBHC 120; HCSI-CRC 202 of 2013 (23 August 2013)

High Court of Solomon Islands
(Mwanesalua J)

Criminal Case No. 202 of 2013

REGINA

–v-

PAUL VISUVERANA

Hearing : 5 August 2013
Judgment : 23 August 2013

L. Hite for Accused

JUDGMENT

Mwanesalua J:

1. The Accused in this case is Paul Visuverana. He is charged with one count of intent to cause grievous harm, contrary to section 224 (a) of the Penal Code. He pleaded guilty to the charge laid against him in the information. The victim is Sippriano Tugare. The offence carries a sentence of life imprisonment. However, a shorter term may be imposed pursuant to section 24 of the Penal Code.
   
2. The Accused inflicted a wound on Sippriano Tugare with a bush knife on 26 January 2013. The victim was taken to Hospital on 27 January 2013. He was seen by Dr. Alex Munamua at the surgery on 28 January 2013. Sippriano Tugare suffered a 2 grade open fracture to the right forearm with soft tissue injury to the left forearm.
   
3. The agreed facts of this case show that on 26 January 2013, at about 6pm, a meeting was held at Tumbuponde Village, in the Guadalcanal Province. The Accused and the Victim were at the village attending the meeting. The Accused was under the influence of alcohol and had a bush knife with him. He was led away from the meeting venue by Nemesio Kose and Emeriko. They went over to a house where the victim and other people were sitting. He talked with the other people sitting there, then, spoke to the victim. The Accused then struck the victim with the knife on the forearm. He then grabbed the victim by the collar of his shirt and attempted to push the knife to his chest. There was a struggle and the victim fell down. The Accused then struck the victim again with the knife while the victim was on the ground. The victim stopped the knife with his hands and as a result of which he sustained injuries on both hands. The injuries involve a fracture of the distal radius and ulna on the right forearm and a deep laceration midshaft on the left forearm. After the altercation, the Accused left the scene and the victim was assisted and transported to the National Referral Hospital in Honiara.
   
4. The Accused has pleaded guilty to a very serious offence. This seriousness is indicated by the maximum penalty prescribe for the offence. In the present case, there is a factor of aggravation being present. That is to say, that violence was exerted by the use of a dangerous weapon, a bush knife. Fortunately, the victim avoided the knife being pushed into his chest by the Accused. While on the ground, the victim prevented the knife from landing on him when he grabbed it with his hands.
   
5. The Accused is 47 years old. He is married with 6 children. Two of those children are now adults. But his latest child is 7 months old from his second wife. Three of the children are attending school. His wife is not in formal employment. The Accused supports his children and his family in terms of finance through growing and selling cocoa and betel nuts for cash. There is evidence that he was under the influence of alcohol at the time he attended the meeting. He has no previous convictions. He had consumed alcohol prior to the commission of the offence. But it is noted that he has no previous conviction record with the Police. There is no evidence regarding his previous drinking behaviour before the court. His behaviour then seemed to be out of his usual character. This court would therefore consider that the alcohol he took that day affected his conduct in the Commission of his offence against the victim during the meeting that day. If this view is correct, then the alcohol he had consumed would be considered a mitigating factor for the Accused.
   
6. In the circumstances, this court will pass a shorter term of imprisonment on the Accused. Paul Visuverana will accordingly serve a sentence of 12 months in prison for his offence commencing from the date he was taken into police custody. That is to say, the period he already spent in custody is to be included as part of his sentence.
   

THE COURT