R v Godfrey [2020] SBHC 95; HCSI-CRC 15 of 2019 (19 June 2020)

HIGH COURT OF SOLOMON ISLANDS

Case name:	R v Godfrey
Citation:
Date of decision:	19 June 2020
Parties:	Regina v Joseph Godfrey
Date of hearing:
Court file number(s):	15 of 2019
Jurisdiction:	Criminal
Place of delivery:
Judge(s):	Maina; PJ
On appeal from:	Central Magistrate Courts
Order:	1. The appeal is struck out 2. No further orders
Representation:	Holara M/R Alasia for the Appellant Suifa’asia for the Crown/Respondent
Catchwords:
Words and phrases:
Legislation cited:	Penal Code, S. 326 (1)
Cases cited:

IN THE HIGH COURT OF SOLOMON ISLANDS
CRIMINAL JURISDICTION

Criminal Case No. 15 of 2019

REGINA

V

JOSEPH GODFREY

Date of Sentence: 19 June 2020

Counsel
Holara M R/Alasia for the Appellant
Suifa’asia for the Crown/Respondent

REASON FOR STRUCK OUT AN APPEAL

Maina PJ:

An appeal was filed by the Appellant at the Magistrate Court against the sentence of 9 months imprisonment on the charge of willful and unlawful damage c/s 326 (1) of the Penal Code.

Grounds of appeal:

1. The sentence imposed by the learned magistrate was manifestly excessive, thirty
2. That the Starting Point taken by the magistrate was excessive in the circumstance of the offending
3. That the learned Magistrate made an error by taking into account the mitigating factors and not give due weight to the factors
4. That the learned Magistrate was error in the matters considered to be aggravating factors

Further grounds of appeal may be filed once the written decision and court record were received.

Background

Appellant pleaded guilty on the charge and sentenced to 9 month imprisonment on 14^th November 2018 and the appeal was filed at the Magistrate Court on 20^th November 2018.

On the 5^th February 2019, the Register of the High Court certified the record of proceeding from the Central Magistrate Court and the first appearance for the case was on 1^st March 2019. I noted from the documents in the file that it was about 3 months already and this case should be listed for hearing. I list the case for hearing on 14^th March 2019.

On the date of hearing of the appeal case, Counsel Holara for the appellant’s instead sought to apply for bail, but he was not able to do it as no necessary documents were presented to the court for the application.

After the 14^th March 2019, the court’s record shows that this case had been adjourned 8 times for mentions. On some occasions different counsels appeared for the appellant counsel with instructions from the concerned counsel that he was attending other cases at the Magistrate Court and or before other judges and sometimes no with instructions.

The last mention for this case was on 19^th June 2020 and Counsel Suifa’asia informed the court that the appellant had served his 9 months sentence and he had already been released from prison.

Counsel Alasia appeared for appellant’s counsel Holara who instructed him to tell the court that he was yet to talk to his client. Counsel Alasia also told the court he did not know why counsel Holara did not appear for his appellant’s case on the day.

The fact that the appellant had served his 9 months sentence and released from prison and as such the appeal will have no effect on him and therefore this appeal is struck out.

However, I wish to raise that the treatment or conduct by the appellant counsel of his client’s appeal is a concern on part of the counsel. He had not appeared to the court for his client’s appeal and even to note that the counsel had not taken any instruction until the appeal was struck out.

The Orders

1. The appeal is struck out
2. No further orders

THE COURT
Justice Leonard R Maina
Puisne Judge