Regina v Maenari'i [2016] SBHC 108; HCSI-CRC 251 of 2012 (9 June 2016)

REGINA

-V-

Ngadabeu Maenari’I

HIGH COURT OF SOLOMON ISLANDS
(PALMER CJ.)

Criminal Case Number 251 of 2012

Hearing: 10 - 12 August, 8^th September 2015
Sentence: 9 June 2016

Mrs. F. Joel for the Crown
Mrs. S. Karani for the Defendant

Palmer CJ.

1. The defendant was initially charged with the offence of murder and a trial convened on 10^th August 2015. Following the trial, a finding of not guilty was entered on the charge of murder and an alternative finding of guilty on a manslaughter charge made on the grounds that the defendant was suffering from a disease of the mind during the commission of the offence.
   
2. The offence of manslaughter however remains as one of the more serious offences under our criminal law in this country, its gravity reflected in the maximum sentence of life imprisonment that can be imposed on conviction. The gravity in the criminality of the offence is recognised by the fact that a life has been unlawfully taken away suddenly.
   
3. There are of-course varying degrees of seriousness depending on the circumstances of each case, the offence, offender and the presence of aggravating and or mitigating factors. Each case is to be considered on its own merits to arrive at an appropriate sentence.
   
4. In this case, the facts of the offending revealed that on the particular day, the defendant was sitting outside of the deceased’s house with a bush knife. When the deceased came out from his house, the defendant attacked him with the knife to his left shoulder, hand and left side of his neck and left side of his head, inflicting grievous injuries from which the deceased died from later that evening from excessive loss of blood.
   
5. The deceased was known to the defendant, he being a frequent visitor to the area. The attack was sudden and unexpected, although it was commonly known that the defendant had a history of mental illness from his teens.
   
6. The report by a Psychiatrist indicated that he was fit to plead to the charge but also pointed out that the defendant was suffering from a psychotic condition during that time.
   
7. I note he had been treated for his condition but that for some time prior to this he stopped taking his medication.
   
8. I note he has no previous convictions and that he is a young person. It is important that his treatment is monitored carefully in custody and progress reviewed.
   
9. It is clear the attack was unprovoked and unforeseen. This is of concern in terms of his temperament and unpredictability.
   
10. I bear in mind he has been in custody for some time since April of 2012 and that should be taken into account in his sentence. I also bear in mind that any sentence to be imposed is to reflect not only in some way the element of retribution but more importantly the risk that the public or community may be exposed to if released without the proper treatments being secured or his mental condition being properly addressed.
    
11. I will direct if not already done or put in place, that a regular treatment regime be instituted in his case so that at completion of sentence it can be continued either on his own or with assistance from his guardian or carer.
    
12. It is my considered view accordingly that a sentence can be crafted which takes into account the prospects of rehabilitation and re-integration into account and therefore a determinate sentence should be imposed which hopefully will allow for this flexibility to be moulded in. The sentence in my view should reflect the element of punishment for the crime that has been committed but also catering for the establishment of any treatment regime so that he becomes accustomed to them and will continue with them when he is released from custody, more importantly for him to realise that these are for his good. On his release, there should be regular follow-ups if possible by the Psychiatric Unit at Kilu’ufi Hospital.
    
13. I am satisfied a sentence of 15 years should be imposed, the period spent in custody to be taken into account.
    
14. He has a right of appeal if aggrieved with this sentence.
    

Orders of the Court:

1. Convict the defendant of the charge of manslaughter contrary to section 199(1) of the Penal Code and impose sentence of 15 years imprisonment.
   
2. The period spent in custody is to be taken into account.
   

The Court.