Regina v Paewa [2016] SBHC 86; HCSI-CRC 458 of 2014 (28 April 2016)

REGINA

-V-

Christian Paewa

HIGH COURT OF SOLOMON ISLANDS
(PALMER CJ.)

Criminal Case Number 458 of 2014

HEARING: 27 April 2016
Sentence: 28 April 2016

Mr. Ronald B. Talasasa (Jnr) and Ms. F. Fakari for the Crown
Mr. M. Holara for the Defendant

Palmer CJ.

1. The defendant was initially charged with the offence of attempted murder but at the commencement of trial, a nolle prosequi was filed and the charge withdrawn and replaced with an amended information containing a charge of acts intended to cause grievous harm contrary to section 224(a) of the Penal Code, to which he has immediately entered a guilty plea.
   
2. Whilst a lesser charge appears to have been imposed, the maximum sentence, which such offence can attract is life imprisonment and so the offence remains within the category of serious offences as reflected by the maximum penalty that can be imposed by the courts.
   
3. Having said that, it is to be noted as usual in such cases that each case is to be considered on its own merits and the seriousness will vary from the facts presented to the court.
   
4. The brief facts of the case showed that they had been drinking home brew together earlier on that day when the victim said something about the victim’s cousin sister which the defendant found offensive. He then decided to leave them and return to his village without taking the matter further. The victim was from a neighouring village.
   
5. The victim however later on with another person followed the defendant to his home and continued drinking at his home. The victim was stabbed by the defendant at his home with a kitchen knife.
   
6. I note that there are a number of aggravating features present in this case. First that a dangerous weapon, a kitchen knife of about 30 cm was used to inflict the grievous wound on the head of the victim. Secondly, that alcohol was involved and the offence committed as a result of being under the influence of alcohol. Thirdly that serious harm or injury was effected by the use of the knife. Fourthly, which has been recently disclosed is that the defendant is not a first time offender, he has been to court on previous occasions and had been convicted and sentence for similar offences of common assault and assault causing actual bodily harm. A good behaviour bond and a total sentence of 18 months, six months for the common assault and 12 months for the assault causing actual bodily harm were imposed but were suspended for two years. The orders were dated it appears on the Criminal Records Office of the Royal Solomon Islands Police on the 23^rd July 2012.
   
7. It is clear and there is no dispute that he re-offended within that two year period on the 24^th October 2013 for this offence that he now appears in court for. That sentence of 18 months will be activated herewith as part of his sentence.
   
8. I do not give any credit therefore for not being a first time offender although I do bear in mind he is a young man and that prospects of rehabilitation in his case are good. He must seek to re-align his life herewith and ensure that he stays out of trouble.
   
9. I accept submissions of Counsel Holara for the defendant that the stabbing or injury caused was not premeditated and arose more out of an element of provocation in custom as a result of being under the influence of drink. The parties were friends and relatives and that the offending arose as a result the use of alcohol (home brew). This so happens and he should learn from this experience and stay away from the use of alcohol. I note the defendant only stabbed the victim once before he was stopped and prevented from doing any further harm.
   
10. I give due credit for the guilty plea given at the first opportunity, which is consistent with remorse and being sorry after the incident. I also note compensation has been paid in the sum of $300.00 and their relationship with each other restored. This is an important element in the process of rehabilitation and restoration. As well I note that the victim has fully recovered from his injuries and while the injury could have been much more serious and life threatening, timely intervention had secured that the victim recovered fully from the injuries.
    
11. I am satisfied in the circumstances a starting point of 5 years can be adopted and when taking into account and balancing all aggravating factors in this case and mitigating factors I am satisfied as well that a sentence of four years be imposed.
    

Orders of the Court:

1. Convict the defendant of the charge of grievous harm contrary to section 224(a) of the Penal Code and impose sentence of 4 years imprisonment.
   
2. Activate the sentence of 18 months as imposed by the Magistrates’ Court for breach of his good behaviour bond within the two years period.
3. Direct that the two sentences to be made concurrent to each other. The total sentence of imprisonment to be served is therefore four years.
   
4. The period spent in custody is to be taken into account.
   

The Court.