R v Taro [2021] SBHC 103; HCSI-CRC 360 of 2016 (30 July 2021)

HIGH COURT OF SOLOMON ISLANDS

Case name:	R v Taro
Citation:
Date of decision:	30 July 2021
Parties:	Regina v Junior Taro
Date of hearing:	29 July 2021
Court file number(s):	360 of 2016
Jurisdiction:	Criminal
Place of delivery:
Judge(s):	Palmer CJ
On appeal from:
Order:	1. Convict the defendant of the offence of manslaughter. 2. Impose sentence of 3 years. 3. Direct that the period spent in remand in custody is to be deducted from the total sentence. 4. Having been satisfied that the defendant has served a longer time in remand, direct that he be released at the rising of the Court.
Representation:	Mrs M. Suifasia and Francisca Luza (assisting Counsel) for the Crown Mr. S Aupai for the Defendant
Catchwords:
Words and phrases:
Legislation cited:	Blackstones Criminal Practice 1999 page 120,
Cases cited:	Popoe v Regina [2015] SBCA 20

IN THE HIGH COURT OF SOLOMON ISLANDS
CRIMINAL JURISDICTION

Criminal Case No. 360 of 2016

REGINA

V

JUNIOR TARO

Date of Hearing: 29 July 2021
Date of Judgment: 30 July 2021

For Crown: Mrs. M Suifasia and Francisca Luza (assisting Counsel)
For Defence: Mr. S Aupai

Palmer CJ.

1. You were initially charged for murder but after trial court has acquitted you of that charge and convicted you of a lesser charge of manslaughter.
2. Nevertheless this is still a very serious charge reflected by the maximum sentence of a life imprisonment which the court can impose in extreme cases, depending on the circumstances of each case and the presence of aggravating and mitigating features.
3. There are varying degrees of manslaughter, with sentences ranging from 2 – 10 years, depending on the seriousness of the facts of each case and level of culpability^[1]. Each case however is to be dealt with on its own merits and appropriate sentences imposed. The Court however does take into account cases of similar facts to assist it in arriving at an appropriate sentence.
4. I note the circumstances of offending in this case, which involved a confrontation arising from the use and abuse of alcohol which contributed to the altercation between you and the deceased and subsequent attack by kicking and the death of the deceased.
5. In Popoe v. Regina^[2], the Court of Appeal stated that a starting point of 6 years or more may be imposed where a weapon was used in the offending. There was no weapon however used in this case and accordingly, I am satisfied a starting point of 4 years would be more appropriate in the circumstances of this case.
6. I note you have a previous conviction for unlawful wounding and had been sent to prison for 18 months. That would have been a sufficient turning point for you to avoid similar situations. Sadly that did not seem to have as much impact on you resulting in this more serious crime being committed and charged.
7. I note in your mitigation you are very remorseful and sorry for what has happened and is determined to not allow a similar situation to re-occur. Your time in prison while on remand has had a significant impact upon you. You have had time to think about what happened and how you could have dealt with the situation in a different way and saved yourself all the pain and trouble of this case.
8. I accept as a young man your prospects of rehabilitation are quite good and with lessons learnt the hard way, I accept that you are more determined than ever to stay out of trouble.
9. I also note that a significant sum of compensation has been paid in custom to the tune of some $150,000.00. This paves the way for you to re-enter society and to be accepted back into the community on your release.
10. I note that you a married with two young children. This crime has obviously greatly impacted your home and family and your two young children.
11. I reduce one year from your sentence taking all mitigating factors into account and impose a sentence of three years. The period spent in custody is to be deducted from the sentence. You have spent a much longer time in prison and so you are entitled to be released at the rising of the court.

Orders of the Court:

1. Convict the defendant of the offence of manslaughter.
2. Impose sentence of 3 years.
3. Direct that the period spent in remand in custody is to be deducted from the total sentence.
4. Having been satisfied that the defendant has served a longer time in remand, direct that he be released at the rising of the Court.

The Court.

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^[1] Blackstones Criminal Practice 1999 page 120: ".... Such offences vary very widely in culpability and circumstances".
^[2] [2015] SBCA 20; SICOA-CRAC 42 of 2014 (9 October 2015)