R v Chele [2019] SBHC 53; HCSI-CRC 272 of 2016 (15 July 2019)

HIGH COURT OF SOLOMON ISLANDS

Case name:	R v Chele
Citation:
Date of decision:	15 July 2019
Parties:	Regina v Francis Junior Chele
Date of hearing:	6 June 2019
Court file number(s):	CRC 272 of 2016
Jurisdiction:	Criminal
Place of delivery:
Judge(s):	Maina; PJ
On appeal from:
Order:	Accused Francis Junior Chele is sentenced to 7 years imprisonment The Period spent in custody to be deducted from this sentence
Representation:	Mrs S Ramosae for the Prosecutor Mr B Ifuto’o for the Defendant
Catchwords:
Words and phrases:
Legislation cited:	Penal Code, s199(1)
Cases cited:

IN THE HIGH COURT OF SOLOMON ISLANDS
CRIMINAL JURISDICTION

Criminal Case No. 272 of 2016

REGINA

V

FRANCIS JUNIOR CHELE
Accused

Date of Hearing: 6 June 2019
Date of Judgment: 15 July 2019

Mrs. S Ramosae for the Prosecution
Mr. B Ifuto’o for the Defendant

SENTENCE

Maina PJ:
Introduction

The accused Francis Junior Chele pleaded guilty on one count of manslaughter contrary to section 199 (1) of the Penal Code. He was accordingly convicted on the charge.

Facts

Accused Francis Junior Chele committed the offence on the 11^th of January 2016 in Koimauro village, West Guadalcanal. The deceased is one, namely Francis Kakai Tada.

Accused was drunk at the time of the offence and argued with deceased about a previous incident involving the accused and the deceased’s brothers where they had chased the accused, after an altercation.

The accused punched the deceased three times on the face and the deceased fell on the ground. Accused went and kicked the deceased again on the back, telling him to get up and stop lying, but the accused did not get up. So the accused lifted the deceased by the upper part of his body telling him to stop lying and get up, but deceased did not.

The people who saw the incident came to the deceased and defendant and tried to revive the deceased but could not as the deceased had died.

Dr. Maraka conducted an autopsy on 12^th January 2016 and confirmed injuries on the right side forehead, anterior aspect of right upper limb, anterior aspect of left upper limb, posterior surface of right hand, swollen left cheek and left side of the lips, were most likely of the trauma.

The Court

The offence of manslaughter carries a maximum sentence of life imprisonment and it is a serious offence. It is so on the fact that a life has been unlawfully taken away. The seriousness also depend on the circumstances of each case, the offence and offender.

It is well-known to us that, with the exception of murder and treason offences which provide for mandatory sentences, the laws provide for the maximum penalties for the offences. It is so, and there is no mathematical formula for determining the appropriate sentence in any given case. A formula or accepted court practices is to consider the mitigating and aggravating features of each case. Hence regard to sentences imposed in previous cases. But importantly each case must depend on its particular circumstances.

In other words, any of aggravating and or mitigating factors would assist or in order to arrive at an appropriate sentence for each case.

I am grateful for the counsel for providing to the court of the previous court cases in this jurisdiction on manslaughter. With the cases and circumstances of this case, I am satisfied that the starting point for the sentence is 8 years.

The aggravating features are the accused was drunk and took the instigating role in the offending or aggressor. The deceased was sitting alone when the accused attacked him.

The accused pleaded guilty and has been in custody since his arrest. Taking into account the aggravating and mitigating factors, I am satisfied the sentence of 8 years to be reduced to 7 years. And the period spent in custody to be taken into account in this sentence.

ORDERS

1. The accused Francis Junior Chele is sentenced to 7 years imprisonment.
2. The period spent in custody to be deducted from this sentence.

THE COURT
Justice Leonard R Maina
Puisne Judge