Regina v Besa [2014] SBHC 55; HCSI-CRC 350 of 2012 (15 May 2014)

IN THE HIGH COURT OF SOLOMON ISLANDS
(Mwanesalua J)

Criminal Case No. 350 of 2012

REGINA

–v-

MARIANO BESA

Further Sentence Hearing : 9 May 2014
Sentence : 15 May 2014

R B Talasasa DPP with W. Vaiyu for the Prosecution
H Kausimae for the Accused

SENTENCE

The Accused was arrested and remanded in custody since 11 July 2012. He was initially committed to stand trial for attempted murder at the High Court on 6 September 2012. But on 16 April 2014, the information was amended and he pleaded guilty to a lesser charge of unlawful wounding. This offence carries a sentence of five years imprisonment.

The Accused comes from Mbuabili Village, in North Guadalcanal. His parents live at Makile Village near the Sea Coast. He was educated up to class 3 at Ghaobata Primary School in 1993. He is married with six children. He and his wife have not been formally employed. Their income is mainly derived from the sale of bananas, potatoes, cassava, melons and vegetables from their gardens at the Honiara main market. They have six children. Their first, second and third children are attending Taroniara School at Gella, Central Islands Province. Those children are living with their Uncle who is working at the Taroniara. The other three children have yet to be enrolled at school and reside with their mother at Mbuabili village.

The facts of the Accused's offence was that on 1 July 2012 around 1 – 2am, in Okea, North Guadalcanal, the victim John Tila was sleeping in his house when his wife woke him up, saying that the Accused was outside their house. The victim walked down the ladder and when he reached the ground the Accused walked west to the road leading to the oil palm.

There was light down stairs and the victim saw the Accused. The Accused did not run away but instead walked slowly from the house with both his hands in front of him. The victim walked behind him with a torch light with the intention of driving the Accused away from his property and told him to return to his house because it was night.

As he was saying this the Accused held a dynamite turned back and said "Yea blong you" (Here, this is yours). The fuse was already on fire. The victim tried to kick it but he missed and the dynamite immediately explode, creating a crater, with a width of 20cm and a debt of 16cm, disturbing surrounding vegetation.

The force and the dynamite fragments caused injuries on the victim's upper abdomen and his face. The victim lost consciousness and was rushed to the Good Samaritan Hospital and later he was referred to National Referral Hospital in Honiara.

The victim was examined by Dr. Simon Wale when he was at the Hospital. The medical report shows that the victim was well and alert (clinically stable). He was oriented to time, person and place. He was not in pain. He walked into the consultation room with normal gait. He had injury secondary to the dynamite blast. Superficial injury was noted on his face, chest and abdomen. Minimal injury noted on his extremities (hands).

There was conflicting versions of facts on whether the Accused threw the dynamite at the victim or that he merely placed it down on the ground before it exploded. The Accused's version was that he lit the fuse of the dynamite and placed it on side of the road, while the victim was coming after him with a brush knife. On the contrary, the victim's version was that the Accused lit the fuse of the dynamite, turned back and threw the explosive at him. I have looked at the photographs showing the scene of the explosion. I note that the explosion occurred at the side of the road if one walks from the victim's compound. The victim tried to kick the dynamite away but missed it. That would mean that the dynamite exploded at the place, which the Accused had placed it down. The court will therefore accept the Accused's version.

The Accused entered a guilty plea to the charge. That served expense and hearing time. There was delay of one year and nine months in the disposal of this case. The victim merely sustained minor injuries from the explosion.

In view of the presence of mitigating circumstances in this case, the court will impose a sentence of 2 years 4 months on the Accused. The sentence will start from 11 July 2012, when the Accused was arrested and placed in custody.

THE COURT