Regina v Lala [2016] SBHC 113; HCSI-CRC 197 of 2015 (15 July 2016)

REGINA – V- DONALDSON LALA

HIGH COURT OF SOLOMON ISLANDS
(Mwanesalua, J)

Criminal Jurisdiction
Criminal Case No: 197 of 2015

Date of Hearing: 11 July 2016
Date of Judgment/Sentence: 15 July 2016

R. Olutimayin for the Crown
G. Gray for the Accused

JUDGMENT/SENTENCE

Mwanesalua, DCJ: The accused is Donald Lala. He was charged with unlawfully causing the death of George Warren (the deceased) on 10 November 2012. The accused pleaded guilty to Manslaughter. That is he did not intend to murder the deceased on the above date. I entered a guilty plea on his own plea and convicted him accordingly.

The Facts: Lala is an adult. He is part of the community from Tupa, Siara and Simba villages. In 2012, this community received water tanks from the Solomon Islands Development Trust. The distributors of the tanks were from Siara Village. One of those tanks was delivered for Tupa village where the deceased was a resident. But that tank was retrieved and reallocated to Siara village. That angered the accused and stated that he would deal with the persons who removed the tank.

His brother heard this threat and went to Siba village to see a relative to resolve the issue regarding the removal of the tank. While his brother and the relative were discussing the issue, the accused arrived armed with a bush knife.
The accused blamed the relative of working together secretly with the persons who removed the tank from Tupa village.

The relative and the accused’s brother asked the accused to calm down. But the accused shouted to the residents of Siara village. Two men from Siara heard the shouting and went to Siba village. They were armed with bush knives. The accused broke free from his brother’s control and approached the two men. One of the men struck the deceased with a bush knife. He was this accused Donald Lala. The deceased was George Warren. He received several wounds. The most serious were the slash wounds to left side of the forehead, which penetrated the skull. The other is the slash wound to the right leg which cut the muscles, the blood vessels and fractured the fibula. The deceased died from exanguination (loss of blood) from the slash wounds inflicted on him by the accused.

The accused has no previous convictions. He is married with children. There was reconciliation between the relatives of the accused with the relatives of the deceased. There was compensation paid by the relatives of the accused to the relatives of the deceased.

Manslaughter is a serious offence carrying the sentencing of imprisonment for life. However, he will not serve that sentence because of the mitigating circumstances in the preceding paragraph herein. The accused is sentenced to four years imprisonment to begin on the first day he was taken into custody. Order accordingly.

THE COURT

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Hon. Justice Francis Mwanesalua
Deputy Chief Justice