R v Ra'a [2020] SBHC 41; HCSI-CRC 177 of 2019 (11 March 2020)

HIGH COURT OF SOLOMON ISLANDS

Case name:	R v Ra’a
Citation:
Date of decision:	11 March 2020
Parties:	Regina v Collin Ra’a
Date of hearing:	11 March 2020
Court file number(s):	177 of 2019
Jurisdiction:	Criminal
Place of delivery:
Judge(s):	Maina J
On appeal from:
Order:	The Defendant Collin Ra’a is sentence to 2 imprisonment The time already spent in custody to be deducted from this sentence
Representation:	DPP Rachel Olutimayin for Crown Galo for Defence
Catchwords:
Words and phrases:
Legislation cited:	Constitution of Solomon Islands, s91 (4), Criminal Procedure Code, s 68 (1), Penal Code, s215 (a) , s229
Cases cited:

IN THE HIGH COURT OF SOLOMON ISLANDS
CRIMINAL JURISDICTION

Criminal Case No. 177 of 2019

REGINA

V

COLLIN RA’A

Date of Hearing: 1 March 2020
Date of Sentence: 11 March 2020

Counsels
DPP Rachel Olutimayin for Crown
Galo for Defence

SENTENCE

Maina PJ:

The defendant Collin Ra’a initially charged with attempted murder of Akon Ngui, Meu Hing.

On 11^th March 2020, the Director of Public Prosecution in exercise of the powers conferred upon her by section 91 (4) © of the Constitution and section 68 (1) of the Criminal Procedure Code entered a Nolle Prosequi in respect to the charge of attempted murder contrary to section 215 (a) of the Penal Code.

The Director of Public Prosecution then filed an Amended Information of unlawful wounding contrary to 229 of the Penal Code against the defendant Collin Ra’a .

The offence of the unlawful wounding under the Penal Code is misdemeanour and shall be liable to imprisonment for five years.

And on arraignment to the charge of unlawful wounding, the defendant pleaded guilty and was accordingly convicted on the charge.

The fact of the case shows the incident was prompted by the activities of logging around the area. And the defendant alleged that the claimant’s company had trespassed to his land.

The law is clear on the consequences on taking law into own hands and courts have persistently voiced out that violence should not be resorted to in any logging rows. Act of violence on person can cause assault, serious injury and even death, and with this case it was unlawful wounding.

Mr. Galo for the Defendant has presented mitigation on behalf of the Defendant and I take them into account in this sentence. However the Defendant’s act or circumstances giving rise to the complainant’s wounding as the fact disclosed was intended to cause injury.

The aggravating factors was the use of weapon, a bush knife defendant’s and act was premeditated. I noted the submission by the DPP that medical expense as aggravating factor as with this case it would shy away the investors in this country. However with this case I am not convinced to that as aggravating factor.

I also noted the cases quoted and presented to me by both counsels with different sentences imposed by the courts on them and they are persuasive.

I take into account plea of guilty, no previous conviction and good behaviour, pre-sentence custody and cooperation with the Police investigation. With facts and circumstances of this case it is my view that the appropriate sentence for this defendant is custodial sentence.

The defendant Collin Ra’a is sentenced to 2 years imprisonment.

ORDERS

1. The defendant Collin Ra’a is sentence to 2 years imprisonment.
2. The time already spent in custody to be deducted from this sentence.

THE COURT
Justice Leonard R Maina
Puisne Judge