Regina v Sovesuia [2015] SBHC 117; HCSI-CRC 48 of 2013 (1 December 2015)

HIGH COURT OF SOLOMON ISLANDS
(PALMER CJ.)

Criminal Case Number 48 of 2013

REGINA

-V-

PATRICK SOVESUIA

Hearing: 4th - 6th May, 11th May, 14th July 2015
Judgment: 27th November 2015
Sentence: 1st December 2015

Ms. Florence Joel for the Crown
Mr. Wayne Ghemu for the Defendant

Palmer CJ.

1. The defendant, Patrick Sovesuia ("the defendant"), has been convicted of the offence of criminal trespass contrary to section 189(1)(a) of the Penal Code and attempted arson contrary to section 320(a) of the Penal Code.
   
2. The offence of criminal trespass is a misdemeanour and carries a maximum penalty of 3 months imprisonment. Where the property is a dwelling house then it carries a maximum sentence of 12 months.
   
3. The offence of attempted arson on the other hand is regarded as a serious offence and carries a maximum custodial sentence of 14 years.
   
4. Both offences occurred at the same time or were part of the same transaction and the facts and circumstances surrounding the offences can be considered together.
   
5. I take into account the following facts:
   
   • (i) That the offences were committed at night time, which is an aggravating feature.
     
   • (ii) That the offences were committed at a dwelling house and the house was inhabited by an elderly woman. Each citizen in the country is entitled to dwell in peace and safety without unlawful interference by an intruder. I have said on several occasions that night time is meant for rest and sleep from labours during the day and not as cover for criminal activities.
     
   • (iii) That you were under the influence of alcohol and therefore not in your right state of mind. That is not excusable. You got yourself drunk and to act and behave badly in this way. No one brought this upon you and so you are directly responsible for your actions. You must also appreciate and learn from this terrible mistake for as a result a life has been lost tragically. It is an opportunity for you to mend your ways herewith. I note in your favour that you are a young man and prospects of rehabilitation are very good. It is an opportunity for you to steer your life herewith in the right direction and stay away from alcohol, it has not brought any good to your life.
     
   • (iv) I take into account as well that when you went to the premises you did knock at the door and did not force your way in further when you realised that there was someone in the house. You however did not stop there for you threatened to burn the house down and then set the mosquito net rope attached to the door alight to carry out your threat. I do note however that the house did not catch fire. The occupant of the house as well was also able to make an escape from another back door safely.
     
   • (v) I take into account no one was hurt from those two offences in the house and there was little damage to the property.
     
   • (vi) I give credit for being a first offender, you were a young man at time of commission of those offences.
     
6. I thank Counsels for submissions on comparative sentences in this jurisdiction and neighbouring jurisdictions. As pointed out by Mr. Ghemu all of the offences committed in this jurisdiction were for arson involving the burning down of buildings. In those cases referred to the sentences ranged from 3 – 5 years. While I take note of these it is my view that it is perhaps timely for those sentences to be reviewed with the view to having them raised as it would seem that they may be more on the lower scale. I note that in Papua New Guinea and Fiji sentences for attempted arson fell within a minimum sentence of 3 years.
   
7. Taking everything into account, I am satisfied the following sentences should be imposed:
   
   • (i) 6 months for criminal trespass; and
   • (ii) 2 years for attempted arson.
     
8. I also direct that the sentence of 6 months to run concurrent to the sentence for attempted arson as these were part of the same transaction that occurred that night and therefore can be made to run concurrent to each other.
   
9. I also note that the prisoner has served about 2 years 11 months, nearly 3 years in custody awaiting trial, longer than the prison sentence and so he can be released at the rising of the court herewith.
   

Orders of the Court:

1. Impose sentence of 6 months imprisonment for criminal trespass and 2 years imprisonment for the offence of attempted arson.
   
2. Direct that the sentence of 6 months to run concurrent to the sentence of 2 years.
   
3. The defendant having being remanded in custody for more than 2 years, it is directed that he be ordered to be released forthwith at the rising of the Court.
   

The Court.