Regina v Joyce [2017] SBHC 125; HCSI-CRC 371 of 2016 (14 March 2017)

REGINA

V

ITEPWE JOYCE

IN THE HIGH COURT OF SOLOMON ISLANDS
Criminal Jurisdiction

Criminal Case Number 371 of 2016

Date of Hearing: 24/02/2017, 10/03/2017
Date of Sentence: 14^th March 2017

Counsel for the Crown: Ismael Kekou /Suifasia
Counsel for the Accused: Kausimae H/Manaka M.

KOUHOTA J

SENTENCE

Ms Joyce Itepwe, you have been convicted on your own plea of the offence of Infanticide contrary to section 206 of the Penal Code.

Infanticide which is killing of a child under 12 months old by the mother in the circumstances set in section 206 of the Penal Code. This is a very serious offence and this is reflected in the penalty prescribed for this offence, which is life imprisonment.

The briefs facts were that about midday of the 27^th March 2015 at Nelua Village, Santa Cruz, Temotu Province, you gave birth to a child (a baby boy) but on the night of the same day, you strangled the child, blocking his nostril and mouth and squeezing his neck thus causing his death.

I had considered the facts and the circumstances of your case and take into account that you were under stress and psychologically affected because of family problems especially the neglect of your husband when you commit this offence. However, as stated by Muria ACJ in R V. Salome Iraboko, Crim. Case No.24 OF 1991, I cannot see how your action resulting the death of an innocent child can be anything less than a deliberate and a callous act. In that case, the accused killed her child the same time she delivered the child. She was sentenced to 12 months imprisonment, 6 months of which was suspended.

I had considered the submission of counsel both for the defence and the prosecution and had considered the aggravating features of your action and weigh them against the mitigation factors. I give credit for your guilty plea which is a sing of remorse and that you are prepared to face the consequence of your action. I am sure you now regret what you have done and wish that it is possible for you to turn back the hand of time. That is now impossible and guilt of this incident will remain with you for many years to come.

Having considered all the circumstances of your case, I considered the appropriate sentence I will impose on you is 12 months imprisonment. However, since you had already spent more than 12 months in custody I order that you be released forthwith.

IRA.

The Court

..........................................................
Emmanuel Kouhota
Puisne Judge