R v Wate [2019] SBHC 18; HCSI-CRC 380 of 2017 (29 January 2019)

HIGH COURT OF SOLOMON ISLANDS

Case name:	R v Wate
Citation:
Date of decision:	29 January 2019
Parties:	Regina v Eddie Wate
Date of hearing:
Court file number(s):	CRC 380 of 2017
Jurisdiction:	Criminal
Place of delivery:
Judge(s):	Mwanesalua; DCJ
On appeal from:
Order:	The Accused is accordingly sentenced to 3 years imprisonment for in indecent assault and six year imprisonment for attempted murder. The sentences are to be served concurrently. Order accordingly.
Representation:	Ms. O Ratu for the Crown Mr. H Kausimae for the Accused
Catchwords:
Words and phrases:
Legislation cited:	Penal Code, s215(a), Penal Code[Sexual Amendment Act 2016], s138,
Cases cited:

IN THE HIGH COURT OF SOLOMON ISLANDS
CRIMINAL JURISDICTION

Criminal Case Number 380 of 2017

REGINA

V

EDDIE WATE
Accused

Date of Sentence: 29 January 2019

Ms. O Ratu for the Crown
Mr. H Kausimae for the Accused

SENTENCE

The Defendant in this case is Eddie Wate. He pleaded guilty to one count of attempted murder contrary to section 215 (a) of the Penal Code and one count of indecent act under section 138 of the Penal (sexual Amendment Act 2016)

The offences were committed at Yandina Cattle area on the 13th day of November 2016 and 10th November 2016. The Defendant pleaded guilty to both charges when he was arraigned.

The victim in this case is the biological daughter of the Defendant. Both charges are serious and the attempted murder case is life threatening.

The victim sustained following injuries from the Defendants knife:

1. Clean edge wound on the upper abdomen, on the right side. The wound measured 4cm x 1cm and entered the abdominal cavity. Omentum was protruding out of the wound.
2. Clean edge wound on the right breast which measured 4cm x 1cm and penetrate deep into the breast tissue.
3. Clean edge wound on the inner aspect of the right arm which measured 4cm x 2cm. It involves the muscle.
4. Clean edge wound on the right anterior forearm, approximate 4cm from the elbow joint. It measured 5cm x 2cm and involved the muscle.
5. Clean edge wound on the right medial fore arm, approximately 4cm from the elbow joint. It measured 5cm x 2cm and involves the muscle.
6. Haemothorax (1 litre of blood was in the right thoraxes cavity)

During the lapofomy surgery, the following lifesaving procedures were performed

(1) Repair of the duodenum with 3/0 monarchy (suture material)
(2) Chorley otectomy (removal of gall bladder) was performed.
(3) Repair of right hemi-diaphragm with 1 nylon (suture material)
(4) A thorough wash out of the abdominal cavity was performed with 4 litres of warm saline solution.
(5) All wounds on her body were cleaned and sutured.

Jenny Wate will require long term follow-up with the surgical team and the psychiatric team.

Dr. Dudley M. Ba’erodo, Head of Surgery at the National Referral Hospital stated in his medical report on the victim that:

(1) The injuries sustained were consistent with penetrating injuries from a sharp object.
(2) The injuries sustained were sever, life threatening and could have easily been fatal.
(3) The management, including surgery served her life.

The Defendant has no previous conviction and entered guilty pleas to his offences when he was arraigned. He paid compensation to the relations of the victim.

The victim’s injuries are so serious that the victim would have a long term follow up with the surgical and psychiatric team in hospital.

The accused is accordingly sentenced to three years imprisonment for indecent assault and six year imprisonment for attempted murder. The sentences are to be served concurrently. Order accordingly.

THE COURT
Hon. Francis Mwanesalua, CBE
Deputy Chief Justice