Regina v Talekemu [2014] SBHC 142; HCSI-CRC 67 of 2013 (18 July 2014)

HIGH COURT OF SOLOMON ISLANDS
(PALMER CJ.)

Criminal Case Number 67 of 2013

REGINA

V

Charles Tedi Talekemu

Hearing: 17th July 2014
Sentence: 18th July 2014

N. Kesaka (Mrs.) and A. Driu (Ms.) for the Crown;
A. Tinoni (Mr.) for the Defendant.

Palmer CJ.

The defendant was initially charged with murder, but after trial had commenced and two witnesses called, a nephew and a brother, it became obvious that a lesser charge of manslaughter would seem to be the more appropriate charge. When court adjourned for the day, the suggestion was made whether it was something the prosecution may wish to consider. This suggestion was taken up and on the next day, court was informed that a lesser charge of manslaughter would be proffered. A nolle prosequi was then entered on the charge of murder and an amended information filed for manslaughter. The defendant was then re-arraigned on the charge of manslaughter to which he pleaded guilty.

I give him credit for that and will give him the full benefit of a guilty plea at the earliest opportunity.

This is another of those tragic cases, where a life has been cut short because of the failure of parties in the dispute to resolve their differences in love, patience and understanding, a fortiori where the victim and the defendant are blood brothers. While this is not unique and not unusual, for the first murder and killing in the history of the human race, was by a brother, Cain against his younger brother, Abel, as recorded in the Holy Scriptures, a life has been cut short, a future and destiny of a young married man, his wife and four young children, deprived forever by a simple failure to be patient, kind and tenderhearted, by a failure to be willing to sacrifice an axe, in favour of maintaining peace and harmony in the home and family. Sometimes selfishness, greed and pride distorts the true value of things in life and now and then you need to take stock of your existence, reason and purpose for living, so that you can keep and put things in perspective, the permanent and temporary, and the eternal and temporal. For instance, the value of an axe cannot be compared to the value of peace and harmony in a family or community, or the value of a human being. While an axe can be easily replaced either by its equivalent value in dollars and cents, or a replacement axe, a human life is irreplaceable. You should learn to value life and choose to value the things that pertain to life. When you become angry and upset about something, the risk of it escalating becomes a possibility to the point where emotions and passions reach boiling point and cannot be controlled, whereas if you choose to remain calm and patient and understanding, which might seem to be weakness in our society, but be prepared to sacrifice your search for the axe, even if lost, for the sake of maintaining peace and harmony in your family, nothing would have happened that day. Had you been more understanding and patient when your brother reacted in the way he did, the search for the axe would not have escalated into a fight and shedding of innocent blood of one of your own.

There is a saying that blood is thicker than water, implying that blood bonds and ties should be strong enough to sustain families, not only in times of trouble and adversity, or challenges, and that even in such times, you should be able to talk over your problems and maintain self control, without boiling over into a physical fight. In this instance, that was not sufficient to save the day, for your argument ended up with tragic consequences.

I take note of the peculiar circumstances of this case and the offending, how it started, the reaction of the deceased, how one thing led to another and tragically resulted in a confrontation and a fight in which the deceased was killed. I accept there was no premeditation or planning in the killing, the circumstances gave rise to sudden and heightened passions which could not be controlled or be controlled in time before the harm was done.

I take into account the element of delay in the hearing of your case and accept that you have had to wait for more than 18 months for your case to be heard.

I note the use of a knife as an aggravating feature in the killing and take that into account although I accept it was kept in your possession for other more routine and mundane purposes than for the offence. You used it on the spur of the moment.

I note you are a first offender, you have no previous convictions and this is your first time in court.

I also take into account that you are remorseful and very sorry for what has happened, willing to make amends and reconcile with your family and those affected after release from prison. That is important and I would encourage that.

I note your cooperation with police, which is consistent again with your remorse, that your prospects for rehabilitation and reintegration back into the community are good.

I note your personal circumstances, your family, children and mother and their needs as well the children of the deceased who have been taken into the custody of your family, and bear that in mind in the sentence to be imposed.

I also must balance those factors with the element of deterrence and retribution for the killing so that the message goes out clear that any killing even in the context of a family setting is unacceptable and must be avoided at all costs and that those responsible must expect a custodial sentence, the length of sentence depending on the merits and circumstances of each case.

I thank learned Counsels for their written submissions and making available similar case authorities to assist me in reaching an appropriate penalty in this case.

Taking all things into account, I am satisfied a sentence of 4 years should be imposed.

Orders of the Court:

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

The Court.