Regina v Namo [2018] SBHC 19; HCSI-CRC 612 of 2015 (6 February 2018)

REGINA

V

SELWYN NAMO

IN THE HIGH COURT OF SOLOMON ISLANDS
Criminal Jurisdiction

Criminal Case No. 612 of 2015

Hearing dates: 31^st January, 2^nd February 2018

Date of Sentence: 6^th February 2018

Ms Joel F: For the crown

Mrs. Karani S: For the accused

SENTENCE

Kouhota PJ:

Mr Selwyn Namo you are convicted on your own plea for the offence of an Act intended to Cause Grievous Bodily Harm contrary to section 224 (a) of the Penal Code.

The facts showed that on the day of the incident you have been drinking alcohol, got yourself drunk and went around in the village swearing and causing disturbance. As a result of your unacceptable behaviour some villagers were trying to apprehend you so you went hiding. You then saw the victim and said to him that he was one of the people trying to apprehend you and cut him with a bush knife to the base of the left side of his neck and cut through to his collar bone. Fortunately no major vessels was cut but it is still a serious injury and the victim has to be rushed to the National Referral and admitted for treatment.

Causing grievous bodily harm is a serious offence, it carries a penalty of life imprisonment. In your case I take into account that the nature of the injuries sustained by the victim were not so serious such as involving loss of a limb or serious permanent internal injuries. The courts in this country however, have repeatedly warned that the use of weapons such as a bush knife to cause injury to a person is a serious offence. I say it again and wish to state that the court has a duty to send a clear message to the public that people who voluntary got themselves drunk then go around causing disturbance and attacking people with dangerous weapons is an unacceptable behaviour which has no place in any civilised society. This type of behaviour must be discouraged and the courts does this by imposing deterrent sentences.

In considering the appropriate sentence to impose on you, I take into account the mitigating factors submitted by counsel on your behalf especially that you had pleaded guilty 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 who no doubt have been affected by your detention. I also take into account the cases referred to by counsel in their sentencing submissions. I also bear in mind that while in custody you have engaged in religious activities that would make you a good law abiding citizen.

After balancing the aggravating with mitigating factors and all the circumstances surrounding this case including the delay in prosecuting the case against you I sentence you to 4 years imprisonment. Time already spend in custody is to be counted as part of the sentence. Considering the fact that you had already spent 3 years and 25 days in custody I order that you be released forthwith.

IRA.

The Court

Emmanuel Kouhota
Puisne Judge