R v Iro [2020] SBHC 83; HCSI-CRC 141 of 2019 (20 August 2020)

HIGH COURT OF SOLOMON ISLANDS

Case name:	R v Iro
Citation:
Date of decision:	20 August 2020
Parties:	Regina v John Ishmael Iro
Date of hearing:	10, 12 and 18 August 2020
Court file number(s):	141 of 2019
Jurisdiction:	Criminal
Place of delivery:
Judge(s):	Bird; PJ
On appeal from:
Order:	I hereby sentence you to 3 years imprisonment commencing on the 28th March 2018. Right of appeal.
Representation:	Mrs. Margret Suifa’asia for the Crown Mr. Stanley Aupai for the Defendant
Catchwords:
Words and phrases:
Legislation cited:	Penal Code, S. 226 [cap 26],
Cases cited:	Bati v DPP [1985-1986] SILR 268, R v Faiga [2018] SBHC 113, Regina v Olofia [2011] SBHC 83, Regina v Taghanakamana [2015] SBHC 63, Regina v Sitana [2009] SBHC 57

IN THE HIGH COURT OF SOLOMON ISLANDS
CRIMINAL JURISDICTION

Criminal Case No. 141 of 2019

REGINA

V

JOHN ISHMAEL IRO

Date of Hearing: 10, 12 and 18 August 2020
Date of Decision: 20 August 2020

Mrs. Margret Suifa’asia for the Crown
Mr. Stanley Aupai for the Defendant

SENTENCE

Bird PJ:

1. Mr. John Ishmael Iro was initially charged with one count of murder contrary to Section 200 of the Penal Code (cap 26). Upon representation from the defence, a nolle prosequi was filed on the 12^th August 2020 in respect of the murder charge. The defendant was thereby discharged.
2. On the same date, the DPP filed an amended information on one count of grievous harm contrary to section 226 of the Penal Code (cap 26). Upon being re-arraigned, the defendant had entered a ‘guilty’ plea. Agreed facts were tendered in court and sentencing submissions were made by both counsel for the defence and the prosecution on the 18^th August 2020.
3. According to the agreed summary of facts you and the deceased were both drunk on the 24^th March 2018. You were with a group of boys and girls and all of you were drinking. You were armed with a weapon, a scissors.
4. The deceased was drinking with his friend Derrick Pako at his BBQ stall along the Lengakiki road close to Ghiro Motel. He jokingly shouted ‘who now like fight’. You answered and said ‘me’ and approached the deceased. You and the deceased exchanged kicks and punches. You then pulled out a scissors from your pocket and launched it at the deceased. You stabbed the deceased with the scissors multiple times. The deceased sustained multiple lacerations, abrasions and penetrating wounds to parts of his body as a result.
5. The court had also noted that during the fight, the deceased was not armed. As a result of the multiple injuries sustained, the deceased was taken to the National Referral Hospital. He died at about 4:50 am on the 25^th March 2018.
6. Section 226 of the Penal Code (Cap 26) makes the offence of grievous harm a felony. It is a very serious form of assault and carries a maximum penalty of 14 years imprisonment. In your case, your unlawful act of inflicting multiple injuries to the deceased had caused his death.
7. I must say that you are very fortunate that you have been charged with the offence of grievous harm in your offending. Your unlawful action had taken away the life of another person. It was a very unfortunate incident that should never be repeated ever again.
8. In my attempt to reach the appropriate sentence that I will impose upon you, I am minded to take into account the aggravating and mitigating features in your offending. I noted the following as aggravating in nature:
   1. The use of a dangerous weapon. There is no reason why you should be going around in public places with a dangerous weapon, like a scissors. You used that weapon on the deceased who was also drunk and was unarmed.
   2. You were drunk at the time of offending. I take your drunkenness as an aggravating feature. If you have been sober, you might not have behaved the way you did on that occasion. From the facts, you were completely out of control. You inflicted multiple wounds on the deceased.
   3. Your attack on the deceased was unprovoked. The deceased had jokingly said, ‘who now like fight’ and the gravity of your response to that joke was spontaneous and dangerous. There was no prior argument between you and the deceased. You also did not know the deceased before that incident to enable you to have know his normal joking character.
   4. The deceased was defenceless on that occasion. He was unarmed and was drunk. He was defending himself with his hands and legs and had sustained injuries to his hands and legs as a result.
   5. The unprovoked assault on the unarmed person was done by you at night time. You have used the cover of night to launch an attack on the unarmed deceased with a weapon.
   6. The deceased had died as a result. It was unfortunate that the deceased died in hospital as a result of your offending.
9. On your behalf it was submitted that, you have pleaded guilty to the offence at first opportunity. Your guilty plea not only shows remorse but that you have come to terms with the reality of your offending. Your early guilty plea has also saved time and resources in conducting a full trial in this case.
10. Your youthfulness is a mitigating factor in your case. You were 18 years old at the time of offending. You are now 20 years of age. I have noted and taken into account the Court of Appeal’s comments in the case of Bati v DPP ‘1985-1986] SILR 268 in the sentencing of youthful offenders.
11. You are a first offender. You have no prior conviction. This is the first time you are in trouble with the law. You have co-operated with the police in their investigation into your alleged offending.
12. Your lawyer had submitted that there is a prospect of your rehabilitation. In support of that submission, your lawyer has stated that you are currently doing bible study through correspondence at Rove Correctional Centre. You have changed your attitude and now you know how to pray and to read the bible, things that you have never done before.
13. The court views this change of attitude as a plus for you. I encourage you to continue with that attitude because that is the only way forward for all of us. This has also convinced me that you are truly sorry for what you did. Do not fall back to the life of drug and alcohol abuse because it leads you nowhere but more trouble.
14. I have also heard that you lost your beloved father whilst on incarceration and your dear mother is at an old age. You have a young wife and a child to take care of. You have told your lawyer, that after you are released from incarceration, you intend to go home to look after your elderly mother and your young family.
15. I encourage you to proceed with that future plan upon your release from incarceration and try and live a steadfast and respectable life that will not only bring honour to your family but also to the God who never forsakes us.
16. I am informed that your family had paid compensation of 23 red money and $35,000.00 to the deceased’s family. This is also a sign of remorse on your part. The relationship between your family and the deceased’s family had been restored. That reconciliation ceremony was witnessed by members of the Solomon Islands Royal Police Force.
17. I have also heard that you have spent a total of 2 years and 4 months in remand for this offending. I am inclined to take that time as part of your sentence in this case.
18. I have read the cases of R v Faiga [2018] SBHC 113, CRC 66 of 2017, R v Olofia [2011] SBHC 83, R v Taghanakamana [2015] SBHC 63, CRC 366 of 2014, R v Sitana [2009] SBHC 57, CRC 280 of 2008 and other cases cited by both counsel for the prosecution and the defence and have noted them.
19. Having considered the sentencing ranges in the cases cited together with the aggravating and mitigating factors discussed, I am of the view that the appropriate sentence that I will impose on you is one of imprisonment. I hereby sentence you to 3 years imprisonment commencing on the 28^th March 2018. Right of appeal.

Orders of the Court.

THE COURT
Justice Maelyn Bird
Puisne Judge