R v Pugeva [2020] SBHC 128; HCSI-CRC 362 of 2017 (3 September 2020)

HIGH COURT OF SOLOMON ISLANDS

Case name:	R v Pugeva
Citation:
Date of decision:	3 September 2020
Parties:	Regina v Nano Pugeva
Date of hearing:
Court file number(s):
Jurisdiction:	Criminal
Place of delivery:
Judge(s):	Mwanesalua; DCJ
On appeal from:
Order:	Return this case to the Magistrate Court to sentence the Defendant.
Representation:	Mr. F. Fakari for the Prosecution Mr. D. Kwalai for the Accused
Catchwords:
Words and phrases:
Legislation cited:	Penal Code S 89 (a), S178, S244, S326
Cases cited:

IN THE HIGH COURT OF SOLOMON ISLANDS
CRIMINAL JURISDICTION

Criminal Case No. 362 of 2017

REGINA

V

NANO PUGEVA

Date of Judgment: 3 September 2020

Mr. F. Fakari for the Prosecution
Mr. D. Kwalai for the Accused

JUDGMENT

This is an appeal case from the Magistrate Court. This was because the Magistrate discharged the accused of threating violence under section 89 (a) of the Penal Code, one count of threating and insulting words, under section 178 of the Penal Code, one count of common assault, under section 244 of the Penal Code and one count of Malicious damage under section 326 of the Penal Code.

On 3^rd July 2017 the defendant was arraigned on the charges. The Defendant pleaded guilty to two charge of malicious damage and two counts of threatening violence.

On 10^th July 2017, the Police Prosecutors were supposed to present agreed facts to the court and to be read to the Defendant.

However, on that date the Prosecutor was not in the court to present Agreed facts to the court.

The reason why there were no Prosecutors in court was because one of Police Prosecutors died and the other Prosecutors were making arrangement to take his body to his village.

The Magistrate had made a mistake when he dismissed the case as the defendant had already pleaded guilty. The Magistrate had already accepted a guilty plea from the Defendant before the date of dismissal of the case. Return this case to the Magistrate Court to sentence the Defendant.

THE COURT
Hon. Justice Francis Mwanesalua
Deputy Chief Justice