R v Kiada [2020] SBHC 66; HCSI-CRC 319 of 2019 (29 June 2020)

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Case name:	R v Kiada

Citation:

Date of decision:	29 June 2020

Parties:	Regina v John Kiada

Date of hearing:

Court file number(s):	319 of 2019

Jurisdiction:	Criminal

Place of delivery:

Judge(s):	Maina J

On appeal from:

Order:	1. The Defendant is sentenced to 5 years imprisonment. 2. The sentence to commence from the date when you were taken into custody in respect of this matter. 3. Right to Appeal

Representation:	Kelesi/Meioko for Crown Tinoni for Defence

Catchwords:

Words and phrases:

Legislation cited:	Penal Code , s200 [cap 66], s 199 (1), Criminal Procedure Code , 68

Cases cited:	Pope v Regina [2015] SBCA 20

On the 6^th of June 2019, the Defendant John Kiada was charged with one count of murder, contrary to Section 200 of the Penal Code [Cap 66]. The case was listed for trial on 22^nd – 26^th June 2020 Gizo High Court Circuit.

However, on 23^rd June 2020 Counsel for Crown informed the court that the DPP has agreed on the defence’s offer for guilty plea on amended manslaughter, contrary to section 199 (1) of the Penal Code.

The Defendant pleaded guilty to the new information on manslaughter in regard of the same incident. A nolle prosequi under section 68 of the CPC was then orally made in respect of the murder charge.

On arraignment, the Defendant pleaded guilty on the amended charge under section 199 (1) of the Penal Code and accordingly convicted on the charge of manslaughter.

The Defendant John Kiada and deceased Rylon Clen are related and the Defendant as his uncle.

On 31^st December 2018, the accused was having some beers with Bolland Rodrick and Alwin Pinausu at a house at Buleana Village, Vella La Vella Islands, Western Province.

After 4pm in the afternoon, the deceased with Francis Makabo came and arrived at the place where the accused and his friends were drinking liquor; and there argument broke out between the accused and deceased.

Mr Stephen Kikoni came and stopped them from the argument. He separated them and told Francis Makabo to go back to his house and Mr Paulson Soala to take the deceased to his place and to talk to him.

Later between 6pm and 7pm the deceased came back to the accused and his friends and they were still drinking at the place. Deceased came and said sorry to the accused and both shook hands. At that time too, Alwin Pinausu told the deceased that he wanted some food. The deceased then went to Paulson Soala’s house and later he came back to them with food for Alwin Pinausu.

However, as soon as the deceased (who was also drunk) entered the house, he uttered the words “fuckem u fala, mi naoi a, fuckem u fala” towards the accused and his friends and the deceased took or pulled out a small knife from his back pocket. Deceased lifted the knife in the air with his left hand and challenged them.

A knife and the pinch bar was kept at the place where the accused and his friends were drinking liquor. Accused was afraid of the deceased with the knife and so he quickly reached out or took a pinch bar and whipped to the deceased left hand for the knife. Unfortunately, the pinch bar landed on the deceased left side rib and stomach. The deceased then escaped by jumping through the window of the house and ran to Myrah Kokoni’s house and laid down under the house.

Deceased Rylon Clen was massaged by his cousins and later left the deceased under the house and they went away. On return to check the deceased under the house towards the middle of the night, they discovered that the deceased was not breathing and had died.

A post mortem was conducted after 12 hours by Dr Gagahe of Gizo and found that there was significant blood within the abdominal consistent with intra-abdominal haemorrhages and there were lineal bruises at the posterior surfaces of the spleen.

In this jurisdiction and other common law jurisdictions, it is said that the sentence of the Defendant is based on the particular circumstances of the offending of the offence. On that note the case authorities put the starting point on the types of cases as there is no tariff fix by the Act of Parliament or law. With the manslaughter as submitted by both counsels on the case authorities that the sentence for the offence ranges from 3 years – 10 years imprisonment. And in the case of Popoe v Regina^[1] the appeal court stated that:

With this case both were armed, however it was the deceased who challenged the accused with small knife and when accused responded back with a pinch bar intended to whip the deceased’s left hand with the knife, the bar landed on the deceased rib and stomach that led to his death. Both the accused and deceased were drunk but the accused being drunk is not a defence.

From the fact and the circumstance of the offending of the offence, the starting point for the sentence with this case is 7 years.

For the mitigation, the Defence Counsel Tinoni submitted to court to take into account the plea of guilty by his client as that guilty plea saves resources with court’s time and also Crown and Defence Counsel time. Defence Counsel also asked the court to note and take into account that the deceased had also contributed to the incident when he used abusive words and threatened the accused with a small knife.

The accused is the first offender; prior to this incident he had good record, young person with two children and bread winner for the family.

Taking away life of a person is a serious crime and taking away such life by careless means or when people are drunk would speak very badly on such person’s mind and behaviour.

With that and taking into account the aggravating and mitigating factors, the accused John Kiada is sentenced to five (5) years imprisonment.

High Court of Solomon Islands

R v Kiada [2020] SBHC 66; HCSI-CRC 319 of 2019 (29 June 2020)