R v Baemaelia [2020] SBHC 132; HCSI-CRC 163 of 2019 (19 November 2020)

HIGH COURT OF SOLOMON ISLANDS

Case name:	R v Baemaelia
Citation:
Date of decision:	19 November 2020
Parties:	Regina v Duddley Baemaelia
Date of hearing:
Court file number(s):	163 of 2019
Jurisdiction:	Criminal
Place of delivery:
Judge(s):	Maina; PJ
On appeal from:
Order:	1. Accused Duddley Baemaelia is sentenced to 11 years imprisonment 2. Any days or time spent in custody for this offence to be deducted from this sentence.
Representation:	Andrew Ega Kelesi for the Crown Tinoni Allan for Defendant
Catchwords:
Words and phrases:
Legislation cited:	Penal Code S 293 (1) (a)
Cases cited:	Selo v Regina [2017] SBCA 17

IN THE HIGH COURT OF SOLOMON ISLANDS
CRIMINAL JURISDICTION

Criminal Case No. 163 of 2019

REGINA

V

DUDDLEY BAEMAELIA

Date of Sentence: 19 November 2023

Andrew Ega Kelesi for the Crown
Mr Tinoni for the Defendant

SENTENCE

Maina PJ:

You, Duddley Baemaelia had pleaded guilty and convicted on the charges of armed robbery contrary to 293 (1) (a) of the Penal Code.

Your co-accused or others charged with you for the offence had been dealt with by the court, convicted and sentenced according to the level of their participation in the offending.

Briefly the alleged robbery was committed to the Westpac Bank located at Point Cruz on the early morning of 26^th January 2015, involving you and others.

For the sentence I also adopted the facts and a consideration when I sentenced co-accuses Stanley Ini Waneakwasia and Jonathan Wanefiolo on the same offending on 24^th January 2020.

Facts

In the morning of 26^th October 2018, Patterson Amos Otokwai arrived at East Honiara in a car and picked Stanley Ini Waneakwasia and Jonathan Wanefiolo. You, Gabi Selo and Harrison Lilimae were in the car and then drove westward. In the car, Gabi Selo rung somebody by the mobile phone and talked to him.

The car stopped outside the Westpac Bank at Point Cruz. There Gabi, Waneakwasia and Wanefiolo got out from the car in an aggressive manner and they directed you to come out from the car. You then came out stood from the car.

When Gabi and Waneakwasia came out from the car they were holding the bush knives in their hands. Gabi then threw a small knife to you and directed you to hold it and stand beside the car.

Gabi, Waneakwasia and Wanefiolo went and fought with the security officers and they grabbed the boxes of money from him. Gabi cut the security with a knife. Gabi and Wanefiolo threw the boxes of money in the car and they drove off at a high speed down towards Kakabona area.

A police vehicle at the Town Ground roundabout spotted the vehicle at high speed when it nearly collided with a passing vehicle. The police vehicle commenced a chase and finally held the vehicle when it wheeled off the road, crashed, and overturned near a private home at Kakabona. The residents of Kakabona helped the police to chase and capture some of the robbers. Others got away.

Police later retrieved the two stolen boxes, and of the $4 million, $295,000 was missing.

The sentence

One of the co-accused or at the same offending, Gabi was convicted and sentenced by the High Court earlier but had appealed to the Court of Appeal against the sentence of eight years imprisonment in the case Gebi Selo v Regina^[1].

On the charge of bank robbery, the Court of Appeal stated that:

“42. We are quite satisfied that the appropriate starting point for the bank robbery on its own would be 15 years. .........................................”

The offence of robbery under section 293 (1) (a) of the Penal Code is felony and penalty is liable to imprisonment for life.

I noted the Court of Appeal ruling on Gabi Selo in the same offending at Westpac Bank and the appropriate starting point on bank robbery charges. As I have stated in my sentence for Jonathan Wanefiolo and Stanley Wanea kwasia, the responsibility for determining the appropriate sentence on a charge in a case remains discretion of the court.

From the facts and the circumstances or participation of the accused, in this case the starting point of sentence for this accused is 10 years.

This offending or robbery was premeditated, gang attacked of five people, robbing a commercial bank, a large of money involved and robbery was done with violence. I noted the wildness of the attack and treated these fact or circumstances as aggravating factor.

Counsel for the accused submitted that his client accompanied the gang of five and did not participated actively as Gabi Selo and others. He is single and a young person and at the time robbery, he was 22 years. He is a first offender and did take or benefit of the stolen money.

I give credit for plea of guilty and being the first offenders, young person and take into account these in this sentence.

Taking into account the mitigations and the aggravating factors I am satisfied and sentenced you to 11 years imprisonment.

ORDERS OF THE COURT

1. Accused Duddley Baemaelia is sentenced to 11 years imprisonment
2. Any days or time spent in custody for this offence to be deducted from this sentence.

THE COURT
Hon. Justice Leonard R Maina
Puisne Judge

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^[1] [2017] SBCA 17; SICOA-CRAC 9003 of 2017 (13 October 2017)