R v Tairoa [2020] SBHC 76; HCSI-CRC 28 of 2020 (3 August 2020)

HIGH COURT OF SOLOMON ISLANDS

Case name:	R v Tairoa
Citation:
Date of decision:	3 August 2020
Parties:	Regina v Michael Tairoa
Date of hearing:
Court file number(s):	28 of 2020
Jurisdiction:	Criminal
Place of delivery:
Judge(s):	Maina; PJ
On appeal from:
Order:	1. The accused is sentenced to 6 years imprisonment; 2. And any period or times spent in custody to be deducted from this sentence.
Representation:	DPP Olutimayin R for the Prosecution Alasia B for Accused
Catchwords:
Words and phrases:
Legislation cited:	Penal Code, c/s215
Cases cited:

IN THE HIGH COURT OF SOLOMON ISLANDS
CRIMINAL JURISDICTION

Criminal Case No. 28 of 2020

REGINA

V

MICHAEL TAIROA

Circuit: Gizo, Western Province

Date of Sentence: 3 August 2020

Counsel
DPP Olutimayin R for the Prosecution
Alasia B for Accused

SENTENCE

Maina PJ:

You, Michael Tairoa pleaded guilty and convicted to one count of attempt murder c/s 215 of the Penal Code. The penalty for this offence is shall be liable to imprisonment for life.

Facts of the case

As the facts presented by the Counsel for the Crown, the defendant was married to the complainant but they had separated.

On the 12^th of February 2019, the defendant was drunk and went to the complainant’s house and had an argument with her. The defendant took a bush knife about 26 inches long from a table outside the house and held it in his right hand. He said to the complainant that he will cut off the complainant’s neck. He told the complainant that “iu save longo me”. Accused raised the bush knife in his hand and struck it to the complainant and aimed to her neck. She quickly moved and the knife missed her neck and landed on her left arm.

He said again to complainant that if she doesn’t want to come back to him, and for him to satisfy why she did not want to come back to him, he must cut her neck. He held up the knife again and cut towards the back of her neck, but she ducked and the knife landed on her heel. He cut for the third time and the knife struck her left elbow.

The complainant struggled and managed to free herself from the defendant. She ran away despite sustaining several cuts on her body but the defendant caught up with her. Again the accused grabbed the complainant’s hair and struck the knife to her several more times but the knife missed her. She fell again to the ground and he continued striking the knife to her.

The defendant said to the complainant, “iu ting say iu what, bae me save kilim you die nomoa this time”. He also shouted at the complainant, ”iu waitim me bae mi kilim iu dae distaem”.

A woman named Teinivea came and talked to the Accused and he stopped striking the complainant and he ran away from them.

The defendant later came back to the scene with a knife. At that time the complainant’s brother, Tome a police officer was there. He approached the Accused and repeatedly persuaded him to give him the knife, before the defendant surrendered the knife to him. Tom led him away from the scene to main road. The complainant sustained a number of injuries to her body. The Police came and took the Accused to Gizo Police station and later took the complainant to Gizo Hospital for treatment.

Medical Examination Report

The medical examination was conducted by Dr. Luke Gregory Bennett on the 12^th of February 2019 at Gizo Hospital. On general observation, the patient appeared distressed, disheveled and had bloodstain on her shirt and trousers/pants. The wounds were wrapped in plastics bands. The wounds in her heel were covered in dirt and leaves. The Dr. also observed that the complainant was generally vitally stable, alert and oriented. She had multiple injuries consistent with that of an attack with a shape object/knife. The injuries are:

1. Left medial heel laceration= 8cm penetrating the subcutaneous tissue and fascia i.e. a deep cut to the inside of the left heel.
2. Left proximal dorsal aspect of forearm laceration= 5cm penetrating through fascia with bone tissue visualized i.e. deep wound on the back of forearm about 2cm from elbow.
3. Superficial left upper arm laceration = 10-15 cm
4. Superficial right forearm laceration/graze on dorsal/back of forearm
5. Minimally duplicated olecranon fracture, open – high risk of osteomyelitis.

The Court

The fact of the case is quite plain and describes what actually the accused had done to the complainant. It is a premediated act on the accused as he went to the complainant’s house when he was drunk and with anger. He struck the knife aiming to cut his wife’s neck but she quickly moved and the knife landed on her left arm.

The persistence of the accused to injure resulted to the injuries as shown in the medical report. He intended to cause injury to the complainant and for such act by the accused the starting point for the sentence is between 6 - 7 years.

I take into account in this sentence the accused being drunk, the persistence attacks and his acts was premeditated as the aggravating factors.

And I give credit for the accused’s guilty plea at the first opportunity as it serves courts time and government’s resources. I noted and take into account in this sentence that accused is young and about 33 years and would be rehabilitated.

From the facts and circumstances, the sentence for this case must also embody deterrence to the accused and anyone who may think to involve on such acts or behaviours. And accordingly the accused is sentenced to 6 years imprisonment.

Orders of the Court

1. The accused is sentenced to 6 years imprisonment;
2. And any period or times spent in custody to be deducted from this sentence.

THE COURT
Justice Leonard R Maina
Puisne Judge