R v Morea [2019] SBHC 68; HCSI-CRC 555 of 2016 (5 August 2019)

HIGH COURT OF SOLOMON ISLANDS

Case name:	R v Morea
Citation:
Date of decision:	5 August 2019
Parties:	Regina v Grace Delight Morea
Date of hearing:	16 July 2019
Court file number(s):	CRC 555 of 2016
Jurisdiction:	Criminal
Place of delivery:
Judge(s):	Mwanesalua; DCJ
On appeal from:
Order:	The Defendant is a first offender. She has no previous conviction. She is to pay a fine of one hundred dollars for her offence. She is to pay that fine within with one month from today 5thAugust 2019. In default, to save a sentence of one month imprisonment.
Representation:	Mr. Jasper H. Anisi for the prosecution Mr. John R. Brook for the Defendant
Catchwords:
Words and phrases:
Legislation cited:	Penal Code, s220
Cases cited:

IN THE HIGH COURT OF SOLOMON ISLANDS
CRIMINAL JURISDICTION

Criminal Case No. 555 of 2016

REGINA

V

GRACE DELIGHT MOREA
Defendant

Date of Hearing: 16 July 2019
Date of Sentence: 5 August 2019

Mr. Jasper H. Anisi for the Prosecution
Mr. John R. Brook for the Defendant

SENTENCE

The Defendant in this case has been indicted on one count of concealment of the birth of her child. She entered a guilty to the indictment under section 220 of the Penal Code.

The facts are agreed by the Prosecution and the Defence Counsels. They are these:

1. The Defendant’s full name is Grace Delight Morea. She is from Maro’u Village, West Makira, Makira/Ulawa Province.
2. On the 18^th of April 2015 between 5am to 6am, the Defendant gave birth to a baby at her family home at Maro’u Village. There was no family member around and she gave birth alone. Her mother had been away for sometimes living at a nearby village and her father left to go somewhere she did not know and was yet to return home.
3. Upon the birth of her baby, the Defendant saw that the baby was not breathing and she thought was dead. She took the baby to a nearby bush intending to wait for her father to return so that she could inform him accordingly.
4. Later that morning, some villagers saw a trail of blood near a stream in the bush nearby; they followed it and discovered the baby where the Defendant had placed it and took it home. The baby was already dead and was later buried.
5. A local Midwife named J. B. Maku examined the body of the dead baby confirmed it was still fresh.
6. Apart from her mother, the Defendant has been hiding her pregnancy from her father and siblings. She did so because she did not have money to compensate them as required in their custom. She was ashamed of her pregnancy because she did not have a husband. In such circumstances, she must compensate her brothers, father and uncles but she could not do it in this case.
7. At her time of giving birth, she did not inform his father despite knowing the sacrifice she would make going through it herself. She could not seek assistance from anyone in the village as well. All these because of the same reason and disgrace it comes with her pregnancy.
8. The Defendant was nineteen years old and single at the time of offending.
9. The Defendant is now 23 years old, married and lives in Honiara.
10. The Defendant is a first offender. She has been remanded for about 3 months before being released on bail.
11. The Defendant is a first offender. She has no previous conviction. She is to pay a fine of one hundred dollars for her offence. She is to pay that fine within with one month from today 5^thAugust 2019. In default, to save a sentence of one month imprisonment.

THE COURT
Hon. Justice Francis Mwanesalua
Deputy Chief Justice