Regina v Taghanakamana [2015] SBHC 63; HCSI-CRC 366 of 2014 (31 July 2015)

IN THE HIGH COURT OF SOLOMON ISLANDS
(Mwanesalua, J.)

Criminal Case No. 366 of 2014

REGINA

V

REX TAGHANAKAMANA

Date of Hearing : 28 July 2015
Date of Sentence : 31 July 2015

Mr. Willy Vai Yu for Crown
Mr. Douglas Hou for accused

SENTENCE

1. The accused, Rex Tagharakamana, is charged with one count of causing grievous harm under section 226 of the panel code. He pleaded guilty to the offence at the magistrate's court and was committed to the High Court for sentencing pursuant to section 208 (1) and (2) of the Criminal Procedure Code [Cap. 7]. The sentence under section 226 is fourteen years imprisonment.
   
2. The accused committed the offence between 1:00 and 2:00am on 22 May 2014 at Tenamoko Village in Guadalcanal Province. The accused attacked the victim with a bush knife. The victim fell to the ground unconscious. He was taken to the Good Samaritan Hospital by some men and then later to the National Referral Hospital in Honiara.
   
3. The victim sustained a wound on the left shoulder measuring 10cm long and 7 cm wide. The second wound measured 30 cm long, 10 cm wide penetrated right chest cavity, revealing the lung and cuts to the 9th, 10th and 11th ribs. The third wound was on the victim's neck above the left shoulder measuring 5cm long and 1 cm wide.
   
4. The injuries sustained by the victim in this case are very serious. They are incised or slash wounds. They are clean and regular on their edges due to the sharpness of the knife which the accused used to inflict them. The bush knife was sharp making it a lethal weapon. The accused was under the influence of liquor when he used the knife against the victim. There is no evidence that the victim had done anything to provoke the accused to attack him with the knife.
   
5. The life of the victim was saved by the men who rushed him to the Good Samaritan Hospital for dressing before he was taken to the National Referral Hospital for specialist and emergency treatment.
   
6. The accused is a young adult with no previous convictions; pleaded guilty at the magistrates court. He has been waiting for sentence in custody for more than a year. These are taken into account before passing sentence on him.
   
7. The accused Rex Tagharakamana is sentenced to seven years imprisonment. The sentence will begin from today, the 31st day of July 2015. He is advised as to his right of appeal against the sentence.
   

THE COURT