Regina v Rocky [2014] SBHC 47; HCSI-CRC 329 of 2012 (1 May 2014)

IN THE HIGH COURT OF SOLOMON ISLANDS
PALLARAS J

Criminal Case Number 329 of 2012

R

v

YEAPELA ELLYN ROCKY

Coram: PALLARAS J
Crown: Mr. A. Kelesi
Defence: Ms. S. Karani

Hearing Dates: 17-20 March, 2014
Verdict Delivered: 24 March, 2014
Sentence Delivered: 1 May, 2014

SENTENCE

1. On 24 March 2014, you were convicted of one count of murder contrary to Section 200 of the Penal Code [Cap. 26].
   
2. The reasons for that verdict have already been explained to you.
   
3. I have received very thorough written submissions from Ms Karani on your behalf and I have read them carefully. I have also received written submissions from the Crown, which I have read carefully.
   
4. On 28 April 2014, both counsel were given an opportunity to speak to their written submissions. Both counsel declined the invitation.
   
5. You were 17 years old at the time of this offence and, as such, I propose to sentence you on the basis that you were then a juvenile and that the provisions of the Juvenile Offenders Act 1972 apply to you.
   
6. Having been convicted of the offence of murder, a crime which is included in the schedule of the Juvenile Offenders Act 1972, as a "grave crime", the Court has a discretion to sentence you to a specified period of detention or imprisonment. The mandatory sentencing provisions of the Penal Code [Cap. 26] are, as is the law as I perceive it to be in Solomon Islands, to be regarded as subservient to s.13 of the Juvenile Offenders Act 1972. This Act provides a special regime for dealing with offenders such as you and requires that you be treated differently from an adult who has committed the same crime. Rehabilitation and the interests of the offender are considerations to be given considerable weight.
   
7. In that regard I take into account –
   
   1. That you are still a relatively young person;
      
   2. That you have no previous criminal record;
      
   3. That you have the continuing support of your family;
      
   4. That you have good prospects for rehabilitation;
      
   5. That it is said that you are remorseful and that you take responsibility for your behaviour – however given that I have found your version of events to be untruthful and that you have sought to minimise your role in these events, I place less weight on this submission.
      
8. It is also suggested on your behalf that the circumstances of this case are less serious than in other cases where a juvenile has been convicted of murder. One of the cases cited in this regard is the case of Regina v Fo'oka[1] in which a juvenile killed his wife by striking her on the head with an axe. He was sentenced to 9 years imprisonment.
   
9. While it is true that the instrument used by Fo'oka was an axe and not a bottle, it is difficult to see how throwing a bottle directly into the face of a person from a very short distance with such force as to fracture their skull, is in any real sense less serious. The consequences of and the intent with which the murderous acts were done are identical. Furthermore, Fo'oka, unlike the prisoner in the present case, admitted killing his wife.
   
10. It is submitted on your behalf that I should release you into the custody of your parents who would serve to act as an assurance that you would not behave in such a way in the future. This argument might have considerably more weight if it were not for the fact that you committed this offence whilst you were living with your parents and obviously you did not then regard that fact as in any way being a constraint on your behaviour.
    
11. The factual account given by you in your unsworn statement to the Court, is repeated in the sentencing submissions by your counsel. That account was rejected for reasons given in my verdict and sentencing will proceed on the basis of facts found and stated in that verdict.
    
12. It is submitted on your behalf that you have good prospects of rehabilitation and that you desire to continue your education when you are free to do so. I hope that you maintain that desire as it will greatly assist in the process of your rehabilitation. I am also encouraged by the obvious support that you have received and will continue to receive from your parents and family members. I have read the letter prepared by counsel on behalf of your parents and their concern and support is obvious to the Court. In that regard, you are most fortunate.
    
13. However, the consequences of your actions are that a young life has been needlessly lost. The deceased's family, unlike yours, will not see their son again, will not watch him grow into manhood, perhaps marrying and giving them grandchildren. They will not have the joy of his company ever again and, in their older years, will be deprived of the care and support that a son can bring. And that is, in effect, the continuing tragedy of the consequences of your actions. A young and promising life is now lost forever.
    
14. Consequently, I find that notwithstanding all of the matters, which are to be taken into account in your favour, the only appropriate penalty given the circumstances of this case is one of an immediate custodial sentence. You will no doubt appreciate and understand, that had you been just a few months older at the time you killed the deceased, you would now be being sentenced to imprisonment for life.
    
15. The sentence of the Court is that you be imprisoned for 9 years.
    

ORDERS

1. That the prisoner is sentenced to imprisonment for a period of 9 years.
2. That time spent in custody for this offence be taken into account.

.......................................................
THE COURT

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^[1] [2014] 5 SBHC; HCSI CRC 250 of 2012 (3 February 2014)