R v Tuita [2018] SBHC 81; HCSI-CRC 179 of 2016 (10 August 2018)

HIGH COURT OF SOLOMON ISLANDS

Case name:	R v Tuita
Citation:
Date of decision:	10 August 2018
Parties:	Regina v Patrick Tuita
Date of hearing:	7 August 2018
Court file number(s):	179 of 2016
Jurisdiction:	Criminal
Place of delivery:
Judge(s):	Maina; PJ
On appeal from:	Magistrate Court
Order:	1. Seven (7) years imprisonment 2. The period spent in remand to be deducted, 3. no further Order
Representation:	Ms. Suifa’asia for Prosecution Mr. Gray for the Defendant
Catchwords:
Words and phrases:
Legislation cited:	Penal Code( Section 224)
Cases cited:	Regina v Kanda -CRAC 35 of 2017

IN THE HIGH COURT OF SOLOMON ISLANDS
CRIMINAL JURISDICTION

Criminal Case No. 179 of 2018

REGINA

v

PATRICK TUITA

Date of Hearing: 7 August 2018
Date of Judgement: 10 August 2018

Ms. Suifa’asia for Prosecution
Mr. Gray for the Defendant

SENTENCE

Introduction

Mania PJ; The Magistrate Court on 16^th August 2017 initially committed Patrick Tuita ("the accused") to this court on the charge of attempted murder contrary to section 215 of the Penal Code.

On 26^th February 2018, the Director of Public Prosecution amended the Charge to lesser and filed an information or for the accused is charge with one count of acts intended to cause grievous harm, contrary to section 224 (a) of the Penal Code.

At the arraignment the accused Patrick Tuita pleaded guilty on the amended charge and accordingly he was for convicted on the charge of acts intended to cause grievous harm, contrary to section 224 (a) of the Penal Code.

The Law

Acts intended to cause grievous harm, section 224 (a) of the Penal Code provides:

“Any person who, with intent to maim, disfigure or disable any person, or to do some grievous harm to any person, or to resist or prevent the lawful arrest or detention of any person-
(a) unlawfully wounds or does any grievous harm to any person by any means whatever; or is guilty of a felony, and shall be liable to imprisonment for life”.

This offence is felony and punishment is liable to imprisonment for life, thus is a serious offence.

Brief Facts

The following facts describe the act done by the accused to his wife.

On 25^th October 2015 about 6 pm the victim Angelina Bata with her sister Elizabeth Onami left their house and walked along the main road to Tasahe B to sell their dyed Lava-lava (Sarong). While they were selling the Lava-lava, suddenly the accused (husband of the victim) appeared from behind the tall grass at the road side. He was holding at his right hand, a sharp knife about 20 – 30 cm. Accused approached them and without saying a word kicked Elizabeth Onami on her abdomen and she fell on the ground. Accused then with the knife stabbed the victim Angelina Bata to her ribs and again with the knife stabbed at her left breast, pulled out the knife and then struck it on the victim’s right elbow.

Victim tried to avoid the attack but the accused overpowered and stabbed her again to the left thigh. Although she was weak, continued to struggle against the attack and strike by accused with the knife to her abdomen.

Her sister Elizabeth called for help and the bystanders came and intercept. At that point the accused escaped and victim with the help of some bystanders she was transported to the National Hospital.

The above facts illustrate that there are several features of aggravation of the offending. Prosecution submitted the features of aggravation are, the use of a weapon to threaten and to frighten the complainant, the attack was unprovoked on an unarmed defenceless woman, the extent of the injuries sustained by the victim is very serious due to the accused’s action, the accused actions brought his wife pain and suffering and; the lack of remorse for her when he stabbed her. He ran away after stabbing instead of helping her.

The injuries or infliction of injury to the victim is stated in the medical report that victim Angelina was in shock and had resuscitated or saved upon arrival at the Hospital to stabilize her. She sustained two stab wounds to lateral right and left chest causing haemopnemothorax to the right chest. There were multiple stab wounds to the upper limbs causing laceration which were debrided and sutured. She also had a blood transfusion as she lost blood. She admitted in hospital for a week.

Case Law

The Court of Appeal in the case Regina v Kanda [2008] SBCA; 9; CA- CRAC35 of 2007 in discussing charges under section 224 of the Penal Code stated:

“In dealing with an offence involving the infliction of personal injury, the two most important considerations in assessing the objective gravity of the offence must be the extent of the injury and the intention and motive of the offender. It is obvious both that the more serious the injury the greater will be the objective seriousness of the offence as also will be the case as the extent increases to which the offender appreciated that the injury would result or be likely to result. Without attempting to be comprehensive, an offence under s 224 will be likely (subject to mitigating features, both subjective and objective) to fall into the category of the worst class of case and hence attract the maximum sentence where the injury is permanent and seriously affects the victim’s enjoyment of life, (for example, paraplegia, brain damage or loss of a limb or sight) and the offender intended that injury or something like it to occur. Of course, where there is more than one victim, this is a very significant marker of increased objective seriousness”.

The above case gives two clear considerations in assessing the objective gravity of the offence and it is the extent of the injury and the intention and motive of the offender.

It is clear the accused’s action by severally stabbing an unprovoked, unarmed or defenceless woman with a sharp knife and pain and suffering reflect the serious feature of the offence. The injury is severe and worse so or despite the victim is a woman, not armed or in possession with any weapon, accused continually stabbed or attacked her. According to the medical report she sustained two stab wounds to lateral right and left chest, multiple stab wounds to the upper limbs and lost blood.

The behaviour and insistence to stab the victim contribute to extent of injuries and reflect the intention and motive of the accused. A reasonable person and even a child would tell the ruthless or serious consequence of such act by the accused to the victim. And the acts by the accused that result to the injuries would be appreciated by him as to that outcome.

Certainly too, she was terrified and robbed of any capacity to resist or escape the wounds caused by the accused on her.

I give credit to the offender for no previous conviction, take into account that he and his people had paid compensation and had attended religious activities and awarded certificate, a good thing for him in life.

Obviously, there are I take into account the aggravating factors and the mitigating factors as stated above. It is my view that a custodial sentence be imposed on you for this reckless and cruel offender, a husband who has no care for his wife or mother of his children.

And I therefore sentence you Patrick Tuita to seven (7) years imprisonment.

ORDERS

(1) Seven (7) years imprisonment,
(2) The period spent in remand to be deducted,
(3) No further orders

THE COURT
......................................................
Justice Leonard R Maina
Puisne Judge