R v Toke [2018] SBHC 111; HCSI-CRC 361 of 2016 (4 May 2018)

HIGH COURT OF SOLOMON ISLANDS

Case name:	R v Toke
Citation:
Date of decision:	4 May 2018
Parties:	Regina v Basil Toke
Date of hearing:	4 May 2018
Court file number(s):	CRC 361 of 2016
Jurisdiction:	Criminal
Place of delivery:
Judge(s):	Palmer; CJ
On appeal from:
Order:	Convict the defendant of the offence of attempted murder Impose sentence for 4years Direct that the period spent in remand in custody to be deducted from the sentence imposed herewith
Representation:	Mrs. S Ramosaea with Counsel Elma. V Rizzu assisting for the Crown Mr. S Aupai for the Defendant
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IN THE HIGH COURT OF SOLOMON ISLANDS
CRIMINAL JURISDICTION

Criminal Case Number 361 of 2016

REGINA

V

BASIL TOKE
Accused

Date of Hearing: 4 May 2019
Date of Sentence (ex tempore): 4 May 2019

Mrs. S Ramosaea with Counsel Elma. V Rizzu assisting for the Crown
Mr. S Aupai for the Defendant

SENTENCE

1. The defendant was charged with the offence of attempted murder and entered a guilty plea earlier on 27^th March 2018.
2. I give him credit for that guilty plea for it has saved court time and expense, and witnesses having to be called to relive the incident in their minds, which can be quite intimidating and traumatic for some.
3. As well the guilty plea is consistent with remorse and being sorry for what he had done. I note in particular, that the victim is his father and that the incident which occurred is quite unusual and or rare in the circumstances. There was no pre-planning and hardly evidence of any intention to commit the offence. It was a spur of the moment act.
4. Of Particular relevance is a report from the psychiatrist, Dr. Paul Orotaloa dated 29^th March 2018 in which he stated that at the time the defendant committed the offence he was suffering from symptoms or complaints consistent with the “Diagnosis of paranoid Schizophrenia”. The report noted that he had been observed by family members and relatives that at that time he was seen to be behaving abnormally, talking to himself and behaving as if he was hearing voices.
5. I find this to be of special mitigating factor in this case for it provides some explanation for the abnormal behaviour or bizarre actions of the defendant on that occasion in attacking his own father with a bush knife, a weapon and causing injuries. While the use of a weapon is an aggravating feature it is mitigated to a large extent by the fact that he was suffering from some form of mental disability at that time.
6. I note he has cooperated with police and in his record of interview had made admissions to what he had done.
7. I note he is a person of previous good character, has not been in trouble with the law previously, and has good prospects of rehabilitation. While in custody in prison he has had time to ponder on his actions and taken the time to undergo Biblical training courses offered to remandees in prison. He realises that he will need to make adjustments in his life and ensure that on release he is able to lead a normal and civilised life in the community.
8. While reconciliation has not been conducted, his father and other family members have visited him on numerous occasions and have shown no anger or animosity for what he had done. This is a plus for him for it shows that he will be welcome back his family home and community on release without too much of a problem.
9. He is a young person and will be able to adjust and adapt to life in the village easily on release from prison
10. I have had the benefits of considering comparative sentences from previous court cases and thank counsels for their written submissions.
11. I have note he has spent a significant time in pre-trial custody, more than two years and this is also taken into account.
12. Taking all matters into account I am satisfied a sentence of four years imprisonment is to be imposed, the period spent in custody is to be deducted from this sentence

Orders of the Court:

(1) Convict the defendant of the offence of attempted murder.
(2) Impose sentence of 4 years.
(3) Direct that the period spent in remand in custody to be deducted from the sentence imposed herewith.

Sir Albert R. Palmer CBE
The Court.