R v Damusia [2019] SBHC 110; HCSI-CRC 19 of 2017 (29 November 2019)

HIGH COURT OF SOLOMON ISLANDS

Case name:	R v Damusia
Citation:
Date of decision:	29 November 2019
Parties:	Regina v Joseph Midaei Damusia
Date of hearing:	18 July 2018
Court file number(s):	19 of 2017
Jurisdiction:	Criminal
Place of delivery:
Judge(s):	Mwanesalua; DCJ
On appeal from:
Order:	He is according sentenced to three years imprisonment for his crime. Order accordingly.
Representation:	Mr. Andrew E Kelesi for the Prosecution Mrs. Serah T Karani for the Defendant
Catchwords:
Words and phrases:
Legislation cited:
Cases cited:

IN THE HIGH COURT OF SOLOMON ISLANDS
CRIMINAL JURISDICTION

Criminal Case No. 19 of 2017

REGINA

V

JOSEPH MIDAEI DAMUSIA

Date of Hearing: 18 July 2018
Date of Sentence: 29 November 2019

Mr, Andrew E Kelesi for the Prosecution
Mrs. Serah T. Karani for the Defendant

SENTENCE

The Defendant in this case has pleaded guilty to Manslaughter. He caused the death of Benjamin Siu’odi on 28^th May 2016 at Oibola Market in Malaita Province. He committed the crime after he consumed alcohol.

Agreed Facts
The Prosecution and Defendant’s counsel agreed facts in this case. They are these:

1. On Saturday 28^th May 2016 at Oibola Market, Central Kwara’ae district, Malaita Province, the deceased was going about his usual activity of selling his market produce.
2. Whilst selling his market produce, the accused Joseph Midaei Damusia of Zion Village came to his market place.
3. He was under the influence of Liquor (home brew kwaso) when he approached the deceased.
4. The (accused) then confronted the deceased about his debt owed to his brother, and asked why he (deceased) did not pay off his debt. An argument started between them.
5. As a result of the argument, the accused kicked and punched the deceased on the back and ribs of the deceased.
6. That made the deceased then fell to the ground.
7. He was rushed to Oneoneabu Clinic shortly after he fell down. People tried to resuscitate him along the way but they were not successful.
8. He was pronounced dead by the medical officer when he arrived at the clinic.
9. The accused was approached by the police and later charged with manslaughters.

Background to offending

On or about the 28^th May 2016. Mr. Damusia was drinking at his village.

Sometime later, he went to Oibola Market.

At the market, he saw the deceased selling some produce.

Mr. Damusia’s brother owned a canteen in the village, and previously the deceased got some goods from the canteen to be paid later.

Mr. Damusia on seeing the deceased approached him and asked why he did not bother paying up the goods he took from his brother’s canteen.

There was an argument between them. Damusia kicked and punch the deceased.

There was delay of over three years in this case. He pleaded guilty to manslaughter. HE served resources and time when he pleaded guilty to his crime.

Sentence

He had spent three years 3 months in custody. He is according sentenced to three years imprisonment for his crime. Order accordingly.

THE COURT
Hon. Justice Francis Mwanesalua
Deputy Chief Justice