Regina v Gitoa [2013] SBHC 179; HCSI-CRC 46 of 2011 (8 November 2013)

HIGH COURT OF SOLOMON ISLANDS
(PALMER CJ.)
Criminal Case Number 46 of 2011

REGINA

V

SIMON GITOA

Hearing: 16th, 26th August 2013
Sentence: 8th November 2013

L. Fineanganofo and J. Naiqulevu for the Crown;
H. Fugui for the Defendant.

Palmer CJ.

The defendant was initially charged with murder but before the trial commenced the charge was reduced to manslaughter to which he entered a guilty plea. He has been convicted and remanded in custody since on or about 12 August 2013. I give him credit for his early guilty plea.

This is one of those tragic cases that come to the Courts as a result of the uncontrolled use of alcohol which subsequently leads to an inability to control tempers in an argument and ending up in a fight taking place between two brothers. I must point out my disappointment that too many cases come to Court, which are drink and alcohol fueled or related and needless harm, damage or death caused. This is unnecessary and responsible authorities must continue to be vigilant and responsive in addressing this problem, especially in the areas of awareness and educating the public to drink responsibly.

In the media recently, there was an editorial in the Solomon Star[1], highlighting grave concerns of drunken drivers on the road and drinking in public and the need for these to be addressed seriously. I must re-echo those concerns and support the call for responsible authorities to deal with this problem as unnecessary harm is being caused to homes and families as a result of the uncontrolled and irresponsible consumption of alcohol.

As a result of an argument, a fight broke out and a knife used, which resulted in the death of the deceased. I take into account the argument was initiated by your brother and that he was the aggressor. In retaliating, you killed him. You are sorry for what you have done and have also demonstrated this by having to enter into a reconciliation ceremony amongst your family members to appease feelings of those who may have been grievously affected and to facilitate your smooth re-entry into your community on your release.

You have a list of previous convictions but the most recent was in 2008 for simple larceny, while the rest were in 2005 and 2006. I think I can treat you to that extent as a person generally of good character and give credit for that.

You have a big family of six children and they rely on you to support them. Obviously, any custodial sentence will have an impact on them; that is something you will have to accept, overcome and ensure that you do not allow the use of alcohol to place you in a compromising or vulnerable position where you are unable to control yourself again.

I have been referred to a number of cases where weapons have been used and similar situations where death has resulted as a consequence of arguments fueled by alcohol abuse and the use of a weapon amongst close family members. I am satisfied there is good prospects of rehabilitation in your case.

I am satisfied a sentence of 4 years is sufficient to reflect the seriousness of the offence balanced with the mitigating factors in your favour. The period spent in custody is to be taken into account.

ORDERS OF THE COURT:

1. Impose sentence of 4 years.
2. Direct that all the period spent in custody to be taken into account.
   

The Court.

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^[1] Sunday 3 November, 2013