Regina v Sui [2017] SBHC 127; HCSI-CRC 209 of 2015 (28 April 2017)

IN THE HIGH COURT OF SOLOMON ISLANDS

Criminal Jurisdiction

Criminal Case No. 209 of 2015

Regina v. Danny Sui

Hearing dates: 27^th April 2017

Date of Sentence: 28^th April 2017

Ms Ramosaea S For the crown

Mr Galo N for the accused

SENTENCE

Kouhota PJ:

Mr Danny Sui you are convicted on your own plea of the offence of an Act intended to cause grievous bodily harm contrary to section 224 (a) of the Penal Code.

The facts show that you attacked the victim who is your younger brother and cut him 3 times with a bush knife. The facts also show that the victim escaped after the first cut but you pursued him and cut him further with the bush knife. As a result he sustained serious injuries, one cut on his left elbow described by the doctor as hacked wound and dislocated, one on his thigh and one on his right wrist described by the doctor as partial traumatic amputation. The injuries were described in the doctor’s medical report as grievous. In fact, as a result of the wounds, you inflicted on the victim it was stated in court that he is now permanently disable on his right hand and still recovering on his left hand after a period of two years. I had seen the colour photographs of the injuries tendered in court they are obviously serious wounds to the eye of any reasonable person. The trauma and scars of these injuries are likely to remain with the victim for a long time if not for the rest of his life.

Causing grievous bodily harm is a serious offence; it carries a penalty of life imprisonment. In the 5 days since Monday until today, this court would have dealt with three cases of serious violence, two of which involved the use of bush knives to brutally hack other human beings. Sadly all three cases are all from the same area of this province.

The courts in this country have repeatedly warned that the use of weapons such as a bush knife to cause injury to a person is a serious matter. I say that again and wish to state that the court has a duty to send a clear message to the public that this kind of barbaric act is not acceptable in a modern civilised society and must be discouraged. The most appropriate way the court does this is by imposing deterrent sentences.

I bear in mind that you attacked the victim who is your younger brother because he assaulted your two daughters and telling your elder daughter that she is his wife. I am mindful that the victims’ actions were offensive in custom but cutting him with a bush knife is not a way to solve the issue. There are laws and customs in place to deal with issues of this nature but no one has the right to take the Law into his own hands let alone brutally cut any person with a bush knife.

In considering the appropriate sentence to impose on you, I take into account the mitigating factors submitted by counsel on your behalf. That you had pleaded guilty at the earliest opportunity which shows remorse and that you are a first time offender. The court was informed that you have a family to support with four children currently attending school and will all be affected by your detention, however, these are matters that you should have considered before doing what you have done.

In considering the appropriate sentence to impose, I also take into account the cases referred to by counsel in their sentencing submissions. In the end after balancing the mitigating and aggravating factors and all the circumstances surrounding this case, I consider an immediate custodial sentence is appropriate. I sentence you to 5 years imprisonment with time already spend in custody to be counted as part of the sentence.

IRA.

The Court

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Emmanuel Kouhota
Puisne Judge