Peakai v R [2019] SBHC 100; HCSI-CRC 156 of 2017 (27 September 2019)

HIGH COURT OF SOLOMON ISLANDS

Case name:	Peakai v R
Citation:
Date of decision:	27 September 2019
Parties:	Rosini Peakai v Regina
Date of hearing:	26 September 2019
Court file number(s):	156 of 2017
Jurisdiction:	Criminal
Place of delivery:
Judge(s):	Palmer CJ
On appeal from:
Order:	Convict defendant of the offence of arson and impose a sentence of years The period spent in custody is to be deducted from the sentence Having been satisfied he has spent more than 3 years in pre-trial custody, he is entitled to be released forthwith at the rising of the court
Representation:	Ms. O. Ratu for the Crown Mr. H Lawry for the Defendant
Catchwords:
Words and phrases:
Legislation cited:
Cases cited:	R v Mouala [2004] SBHC 74,Regina v Randy [2005] SBHC 57 Regina v Randy [2006] SBCA 3, Kaieti v Regina [2007] SBHC 93, R v Mino [1997] SBHC 40, R v Priest [1980] 2 Cr, Oli v Regina [2008] SBHC 43

IN THE HIGH COURT OF SOLOMON ISLANDS
CRIMINAL JURISDICTION

Criminal Case No. 156 of 2017

REGINA

V

ROSINI PEAKAI
Defendant

Date of Hearing: 26 September 2019
Date of Sentence: 27 September 2019

Ms. O. Ratu for the Crown
Mr. H Lawry for the Defendant

SENTENCE

1. You have been convicted of the offence of arson, that is, the burning down of the old Gizo Hospital building after pleading guilty yesterday, 26 September 2019. The offence of arson is one of the more serious offences under our criminal law in this country with a maximum sentence of life imprisonment that can be imposed on conviction.
2. There are of-course varying degrees of seriousness depending on the circumstances of each case, the offence, offender and the presence of aggravating and or mitigating factors. “Arson is a very odd offence in the sense that it covers a very wide range of circumstances. There can be very simple arson cases – simple in terms of sentencing – and there can be very difficult ones....”^[1]
3. The facts of this case reveal that you were responsible for the burning down of that building, although you may not have been fully cognisant of the circumstances surrounding how that occurred. You had been locked up in a small room at that building as your mind at that time was unstable. You however became angry, was upset and heard to be calling out to be allowed out of that room. You were also heard to have threatened to burn the building down. At that time you were also asking for cigarettes. It appears you were then given a cigarette, which you lit to have a smoke. It appears that this was the source of the fire, when you fell asleep as a result of perhaps of your medication and forgot to extinguish your cigarette.
4. You only woke up it seems when the fire had started and enabling you to shout for help. You had to be pulled out through the window to be saved from the fire. You were very fortunate that your life was saved in time, you could have been killed in the fire.
5. I take into account as an aggravating feature the excessive loss suffered from the damage of the building estimated at some $1,315,000.00. These included drugs and cold chain, procurement and office equipment, program office equipment, health promotion equipment, 6,000 bed nets for malaria, and cash including personal cash. Fortunately no other life was threatened by the fire apart from your own.
6. I note the following matters raised in your mitigation. I accept an early guilty plea was given after further information came to light. I give credit for the utilitarian benefit provided as well as showing to some extent an acceptance of responsibility for what happened, whether it be through carelessness or not.
7. I note you suffered burns to your body, hands and head. I accept that at that time you were affected in your mind and therefore your culpability is less than that of a normal person who did not suffer from such medical issues.
8. I note you had spent a total of some 38 months in custody, which is a very long time to be held in pre-trial remand, credit is given for this.
9. I also accept the fact that being in Gizo has added stress to you in that you were not able to know early when your case would be listed for trial etc. as opposed to those remanded in custody in Honiara, who are given early notice of trial dates once the listing dates have been finalised.
10. I note in your favour that no loss of life was caused as a result of the fire or any one apart from yourself who suffered burns during that fire.
11. I also accept in your favour that your health has since stabilised and with ongoing monitoring and supervision that your mental health or state of mind should be adequately managed.
12. I accept submissions from your lawyer that you have close family members who would be in a position to provide accommodation for you apart from the fact that you are married and have children and so no doubt should have a place of residence to return to.
13. Balancing everything and noting the range of sentences in the cases mentioned^[2] from about 2½ hears to 5 years, I am satisfied in the circumstances of this case, a sentence of 3 years is appropriate. I impose sentence of 3 years, the period spent in pre-trial custody to be deducted. Noting that you have been in pre-trial custody for more than 3 years you should be released forthwith at the rising of the court.

Orders of the Court:

1. Convict defendant of the offence of arson and impose a sentence of 3 years.
2. The period spent in custody is to be deducted from the sentence.
3. Having been satisfied he has spent more than 3 years in pre-trial custody, he is entitled to be released forthwith at the rising of the court.

The Court.

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^[1] R. v. Priest [2009] EWCA Crim 319; [1980] 2 Cr. App R.(S.) 68 per Lord Donaldson (Comprising Donaldson L.J, Kilner Brown and Wood JJ)
^[2] R. v. Jimmy Mouala and Ors CRC 187 of 2002, 29 September 2004; R. v. Randy [2005] SBHC 57; Randy v. R [2006] SBCA 3; Kaieti v. Regina [2007] SBHC 93; Oli v. Regina [2008] SBHC 43; and R. v. Mino [1997] SBHC 40.