Regina v Maetarau [2017] SBHC 126; HCSI-CRC 210 of 2015 (26 April 2017)

IN THE HIGH COURT OF SOLOMON ISLANDS

Criminal Jurisdiction

(KOUHOTA; PJ)

Criminal Case no.210 of 2015

Regina

V

Michael Maetarau

Date of Hearing: 24-25^th April 2017

Date of Sentence: 26^th April 2017

Ramosaea S for the Crown

Galo for the Defence

SENTENCE

Kouhota PJ;

Mr Michael Maetarau you are convicted on your own plea of the offence of killing an unborn child contrary to section 221 (1) of the Penal Code.

The agreed facts were that on the day of the incident you and your wife, Dorothy Saisulia, who was then 7 months pregnant, went to chop firewood. You were at that time already drunk. You were returning after getting firewood when some young men who were drinking called you to join them. Your wife did not want you to go so she swore at you to prevent you going.

Consequently, you slapped her with an open palm and kicked her on her back. She fell to the ground and then you repeatedly kicked her on her side and belly. This caused her so pain and she lay on the ground until some people came and helped her back to the house. When she got to the house she felt that the child inside her was no longer moving.

She was taken to the hospital on 28^th January 2015 and on examination, the doctor confirmed there was no foetal heart sound. The next day, 29^th January 2015, she delivered a still born baby. The medical report confirmed that the findings were consistent with the possibility of trauma from the story given in the brief facts.

The offence for which you have been convicted is a serious offence; it carries a maximum penalty of life imprisonment.

This is a novel case, hence, there are no precedence with regard to the range of sentences for this offence in this jurisdiction. Counsel however, had referred to sentences imposed in cases from PNG and a number of sentences imposed by the High Court in a number of cases of infanticide. I take into account the sentences imposed in those cases however, as I mentioned earlier this is a novel cases.

I take into account that you are only 18 years old when you committed this offence. I take into account other mitigating factors especially your guilty plea which show remorse and that you are prepared to face the consequence of your actions. I also bear in mind there are aggravating factors involved in the commission of the offence and while you may not have a clear intention to cause the death of your child, you were under the influence of alcohol and was reckless about your action which resulted in an innocent life been lost.

I take in it in your favour that you had reconciled with your wife but she had now left you during the long time you were in custody. I am sure you had learn a life time lesson as a consequence of your action and the memory of your unfortunate action that had caused you to suffer both physically and emotionally will take some time to get out of your mind.

Having considered all circumstances surrounding this case, I sentence you to 3 years imprisonment, however taking into account that you had already spend 2 years, 2 months and 21 days in custody, I order that you be released at the rising of the court.

The Court

Emmanuel Kouhota

Puisne Judge