R v Orisi [2019] SBHC 98; HCSI-CRC 412 of 2017 (14 February 2019)

HIGH COURT OF SOLOMON ISLANDS

Case name:	R v Orisi
Citation:
Date of decision:	14 February 2019
Parties:	Regina v Patteson Konairinga Orisi
Date of hearing:	13 February 2019
Court file number(s):	412 of 2017
Jurisdiction:	Criminal
Place of delivery:
Judge(s):	Palmer CJ
On appeal from:
Order:	1. Convict the defendant of the offence of manslaughter. 2. Impose sentence of 3 years. 3. Direct that the period spent in remand in custody to be deducted from the total sentence. 4. Direct that the defendant be released at the rising of the Court.
Representation:	Mr. B Dalipanda for the Crown Mr. H Kausimae for the Defendant
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IN THE HIGH COURT OF SOLOMON ISLANDS
CRIMINAL JURISDICTION

Criminal Case No. 412 of 2017

REGINA

V

PATTESON KONIARINGA ORISI

Date of Hearing: 13 February 2019
Date of Sentence: 14 February 2019

Mr. B. Dalipanda for the Crown
Mr. H. Kausimae for the Defendant

SENTENCE

Palmer CJ.

1. This matter had been listed as a reserve trial at Auki but during mentions hearing on Monday your lawyer indicated a change of plea to guilty. On Wednesday this week you were re-arraigned on a charge of manslaughter and you entered a guilty plea.
2. The offence of manslaughter is regarded as serious and is reflected in the maximum sentence of a life imprisonment which the court can impose in extreme cases of seriousness, depending on the circumstances of each case and the presence of aggravating and mitigating features. There are varying degrees of manslaughter, which the courts have dealt with and imposed varying sentences ranging from 2 – 10 years, depending on the seriousness on the facts of each case and level of culpability. Each case has to be dealt with on its own merits and appropriate sentences imposed, for sentencing as often repeated is not a mathematical formula. However, cases of similar facts are often treated in a similar way and there is good basis for comparison of cases to be considered when making submissions for sentence.
3. I give credit for a guilty plea, saving court time, resources and expense in not avoiding trial and saving prosecution witnesses from having to come to court to recount the terrible events in court of what happened at that time.
4. I accept that a guilty plea is consistent with being remorseful and sorry for your actions for the unintended death of a close member in the family, your grandmother, and being willing to accept the consequences of your action and to move on again with your life after those tragic events.
5. I note and give credit for your previous good behaviour and character, that you have no previous convictions and that this is your first time to appear before the court. This together with your youthfulness as a young man supports and strengthens your prospects of rehabilitation, reformation and reintegration back into your community. You still have a bright future and opportunity ahead of you, to change and make amends to your life, to your family and community on your release, and in particular to show to your people that you are a changed person and no longer that same person that you were before, reactive, short-tempered, violent and uncontrollable, behaviours and conduct, which caused tragic consequences that day.
6. I note that the matter has also been settled in custom with compensation being paid between the families concerned to enable parties to be reconciled to each other and peace and harmony restored. This also paves the way for reintegration, acceptance and restoration back into family circles, village and community. I bear in mind that this is also consistent with the actions of being sorry for your actions and wishing to make amends for what had happened. While a life tragically lost and cut short cannot be retrieved or restored, settlements in custom in one form or another demonstrate the seriousness and genuineness of the parties for reconciliation, the gravity of the occasion and the value and importance placed on those affected by the tragic events.
7. I note the circumstances of offending as set out in the summary of facts put before the court, showed an absence of malice aforethought, that is, any intention to cause grievous bodily harm or death to your grandmother. That must distinguish and separate this case out from other similar cases that have been succinctly cited and referred to by counsels for my consideration in their submissions. I thank Counsels for those submissions and in particular providing a summary of other similar incidents of manslaughter.
8. I note that while you had a bush knife in your hand and was not used in any direct way to attack the deceased with, it is clear your behaviour that day was wrong and unacceptable, careless and reckless, and very irresponsible. As a result of your uncontrollable rage that day, in cutting trees, plants and flowers belonging to the deceased, the knife slipped from your hand and caused the serious injury on the leg of the deceased, which resulted in her death.
9. I will also give credit for the period spent in custody. Balancing all mitigating factors and aggravating features, I am satisfied a sentence of 3 years is appropriate in the circumstances of this case.
10. In noting that a substantial period of the sentence having been spent in pre-trial custody of some 2 years and 9 months, I direct that the period is to be deducted from the total sentence imposed, and further direct that the defendant be released at the rising of the Court.

Orders of the Court:

1. Convict the defendant of the offence of manslaughter.
2. Impose sentence of 3 years.
3. Direct that the period spent in remand in custody to be deducted from the total sentence.
4. Direct that the defendant be released at the rising of the Court.

The Court.