R v Maelafia [2019] SBHC 84; HCSI-CRC 21 of 2019 (25 October 2019)

HIGH COURT OF SOLOMON ISLANDS

Case name:	R v Maelafia
Citation:
Date of decision:	25 October 2019
Parties:	Regina v William Maelafia
Date of hearing:	30 August 2019
Court file number(s):	21 of 2019
Jurisdiction:	Criminal
Place of delivery:
Judge(s):	Mwanesalua DCJ
On appeal from:
Order:	The Defendant is accordingly sentenced to serve five years imprisonment from the date of this sentence. Order accordingly
Representation:	Ms F M Fakarii for the Crown Mr. B Ifuto’o for the Defendant
Catchwords:
Words and phrases:
Legislation cited:	Penal Code, s266
Cases cited:

IN THE HIGH COURT OF SOLOMON ISLANDS
CRIMINAL JURISDICTION

Criminal Case No. 21 of 2019

REGINA

V

WILLIAM MAELAFIA
Accused

Date of Submission: 30 August 2019
Date of Sentence: 25 October 2019

Ms F M Fakarii for the Crown
Mr. B Ifuto’o for the Defendant

SENTENCE

The Defendant in this case has pleaded guilty to one count of grievous harm under Section 266 of the Penal Code. This crime is a felony which carries a sentence of fourteen years imprisonment.
The victim was a former spouse of the Defendant. The victim was living at Feraladoa Settlement in Honiara when the Defendant committed the crime on 7^th January 2017.
The Defendant stubbed the victim while she was about thirty three weeks and four days pregnant. The baby was removed from the victim’s body but died on 8^th January 2017 at 5.45am after six hours after its birth.
The Defendant suspected that the victim had become pregnant from a sexual relationship from another man.
The Defendant is a private engineer. He had been contracted to World Vision and had worked in different provinces. He was arrested and remanded in custody since 9^th January 2017.
The Defendant is serious. It involved a pregnant woman. He is accordingly sentenced to serve five years imprisonment from the date of this sentence. Order accordingly.

THE COURT
Hon. Justice Francis Mwanesalua
Deputy Chief Justice