Regina v Tome [2017] SBHC 102; HCSI-CRC 504 of 2016 (28 November 2017)

IN THE HIGH COURT OF SOLOMOM ISLANDS
Criminal Case Number 504 of 2016

REGINA

V

Aeringi TOME

HIGH COURT OF SOLOMON ISLANDS (SITTING AT AUKI, MALAITA PROVINCE)
(PALMER CJ.)
Criminal Case Number 504 of 2016

Hearing: 28^th November 2017
Sentence: 28^th November 2017

Mrs. S. Ramosaea for the Crown
Mr. N. Galo for the Defendant

Palmer CJ:

1. You have been charged with the offence of unlawful wounding, which carries a maximum sentence of 5 years imprisonment. The seriousness of the offence is reflected in the maximum sentence which the court can impose depending on the circumstances of offending, the presence of any aggravating and mitigating features.
   
2. I give you credit for an early guilty plea at the earliest opportunity, saving court time, expense in having to hold a trial, and saving the victim and witnesses from attending court to recount the rather unfortunate events of that day in court.
   
3. I note what your Counsel has stated in your favour, the mitigating factors, that you have no previous conviction, and a first offender appearing in court for the first time. I note this was a one-of incident, no pre-planning involved, it occurred as a result of some argument and disagreement, exacerbated by alcohol, at what was supposed to be a happy occasion being, a wedding celebration.
   
4. I note swearing was involved, the victim being the aggressor, attacked you by kicking you, it was only then when you retaliated and stabbed him with a knife in return. Fortunately, the injury inflicted was not serious, the wound described as shallow and the victim recovered fully from it.
   
5. I note in your favour too, you desisted from attacking the victim further, that reconciliation had been facilitated by the payment in custom of compensation, the payment I note was quite substantial, reflecting in some way your remorsefulness and being sorry for what had happened for you were related and there had been no enmity or animosity, between you previously.
   
6. I note you cooperated with police and have served a substantial time of 17 months, in remand in custody, in prison as at November 24, 2017.
   
7. Finally, I note your personal circumstances, you are married with a big family of 8 children, the youngest being, 12 months old, and a number of your children attending school. Your family no doubt would have relied a lot on you and the period and time spent in remand in custody, would have weighed heavily on you and given you time to reflect on your behaviour and conduct.
   
8. I thank Counsels for assisting me with a summary of similar case authorities on unlawful wounding, which have helped me to determine an appropriate sentence to be imposed. Balancing all mitigating factors and aggravating features, I am satisfied a sentence of 24 months (2 years) is appropriate in the circumstances of this case. I am also satisfied an order be issued for the period spent in custody be deducted from the total sentence imposed, and noting that a substantial part (17 months) of the sentence has been served while in remand in prison, you are entitled to be released at the rising of the court.
   

Orders of the Court:

1. Convict the defendant of the offence of unlawful wounding contrary to section 229 of the Penal Code.
   
2. Impose sentence of 24 months (2 years) in prison.
   
3. Direct that the period spent in remand in custody is deducted from the total sentence imposed.
   
4. Having being satisfied that a substantial part (17 months) of the sentence has been served while in remand in custody in prison, direct that the defendant is released forthwith at the rising of the court.
   

The Court.