R v Akoramo [2021] SBHC 16; HCSI-CRC 630 of 2020 (5 March 2021)

HIGH COURT OF SOLOMON ISLANDS

Case name:	R v Akoramo
Citation:
Date of decision:	5 March 2021
Parties:	Regina v Steve Akoramo
Date of hearing:	3 March 2021
Court file number(s):	630 of 2020
Jurisdiction:	Criminal
Place of delivery:
Judge(s):	Bird J
On appeal from:
Order:	1. The defendant is convicted on one count of attempted murder contrary to section 215 of the Penal Code (cap 26). 2. The defendant is sentenced to 8 years imprisonment. 3. I direct that the time spent in pre-trial custody to be deducted from total sentence
Representation:	Mr. John Wesley Zoze for the Prosecution Mr. Henry Kausimae with Mr. Oxley Limeniala for the Accused
Catchwords:
Words and phrases:
Legislation cited:	Penal Code section 215 (a) [cap 26], Penal Code section 215
Cases cited:	Malefo v Regina [2013] SBCA 7, R v David O’ofania

IN THE HIGH COURT OF SOLOMON ISLANDS
CRIMINAL JURISDICTION

Criminal Case No. 630 of 2020

REGINA

V

STEVE AKORAMO

Date of Hearing: 3 March 2021
Date of Decision: 5 March 2021

Mr. John Zoze for the Prosecution
Mr. Henry Kausimae with Mr. Oxley Limeniala for the Accused

SENTENCE

Bird PJ:

1. The defendant, Mr Steven Akoramo is indicated with one count of attempted murder contrary to section 215(a) of the Penal Code (cap 26). Upon being arraigned on the 1^st March 2021, the defendant had entered a guilty plea. He was accordingly convicted for the offence.
2. The offence of attempted murder is very serious and carries a maximum imprisonment term of life.
3. The facts of your case are that you are married to the victim’s mother. The victim is your two month old baby namely Pricilla Manunuia. You have denied being the father of the victim. On a number of occasions both before and after the victim was born you denied paternity and have stated that you will kill the child. You and your wife used to have arguments about the child. After the birth of the child on the 19^th March the relationship between you and your wife deteriorated.
4. On the 3^rd of June 2020 at about 7.00pm you had a heated argument with your wife. You repeated that the baby was not yours and the baby’s father was your cousin brother Mr. Howard.
5. The argument continued until about 11.00pm. Feeling very frightened, your wife packed her belongings with the intention of returning to her people. You threatened to cut her with a knife if she did.
6. You then grabbed your wife by the neck and pressed her against the nogging of the house. She struggled to breath and screamed out. You then released her and she stumbled onto the floor.
7. You repeated that you will cut your wife with a knife so she got up and ran out from the house and called your mother. Your mother came out and screamed at you saying “why na you osem lo pikinini ya, pikinini mifala hard waka lo hem ia, hem granddaughter blo me”.
8. At that instant, you throw the baby down the ladder of the house and she landed on the ground. Your intention was to kill the child. After the victim landed on the ground, you walked away and left her motionless on the ground. Your wife sought refuge at Hendy’s house. They later paddled to Afio Clinic with the baby. From Afio Clinic she was referred to Kilufi Hospital for further medical treatment.
9. The child was admitted and treated at Kilufi Hospital by Dr Micky Olangi. She was severely ill when admitted. She was diagnosed with severe head trauma with traumatic brain injury. She was treated accordingly and was discharged on the 13^th July 2020.
10. I am grateful for both counsel for the prosecution and the defence for providing to the court various case authorities. Bearing in mind that each case depends on its own circumstances and merits, there are nonetheless general guidelines to be considered in sentencing.
11. In this case, I will discuss the aggravating and the mitigating features in your offending. It was submitted by the Mr Zoze of counsel for the prosecution that from the facts, there are a number of aggravating features in this case. Firstly is that there was presence of persistent threat by you on your wife as well as the child. The threats to their lives were made by you both before and after the child was born. The persistent threats also means that your action of the 3^rd June 2020 on the child was premeditated.
12. Another aggravating feature against you is the tender age of the child. She was a helpless infant that is not in any position to defend herself. She is very vulnerable to abuse. Your action was inhumane. You had no regard for the sanctity of life. Instead of affording your child the love and care as a father you have attempted to kill her.
13. Without a second thought, you threw your baby from a high house to the ground. It could have been by God’s grace, that the child did not fall to her death. She had nonetheless sustained very serious injuries as a result. Instead of showing some remorse on your actions, you just walked away and hoping that she would die.
14. I have also considered the relationship between you and the child as an aggravating feature. The child is a helpless infant and is totally reliant on the mother and you for her survival and total wellbeing. Instead you attempted to kill her.
15. On your behalf, Mr Kausimae had submitted that you have pleaded guilty to the offending at first opportunity. This shows that you have own up to your offending and you are willing to take responsibility of your actions.
16. I am told that you are sorry for what you did. I am concerned about whether you are truly sorry for your actions. It is unbelievable that you have walked away from the injured infant on that fateful day. When asked in court if you will be reunited with your family after incarceration, you were unsure.
17. It was further submitted on your behalf that you have no previous conviction. You are a first offender. You have lived a life free from crime for the most part of your life.
18. I am also urged to take into account the prospect of your rehabilitation. I sincerely hope that you are truly sorry for your fault and will live a more respectable and dignified life. You must learn to respect yourself so that you will be able to respect others.
19. You are a class 6 leaver and do not have any formal employment but used to work as a security officer prior to your offending.
20. I have had the opportunity to read the various cases cited by both counsel in this case. Of particulars reference in this case of Aloisio James Fanataloa Malefo v Regina [2013] SBCA 7, SICOA CRAC No. 34 of 2012.
21. The court had cited with approval the earlier case of R v O’ofaunia HC – CRC 14 of 1975 that puts the mid-point sentencing of the offence of attempted murder to one of 5-7 years imprisonment.
22. Taking into account the discussion by the court in the above cases, I put the starting point in your case at 6 years imprisonment. For the aggravating features discussed above, I increase that term by 4 years.
23. For the mitigating features including a guilty plea and with no previous convictions, I reduce the sentence by 2 years. I therefore sentence you to 8 years imprisonment.

Orders of the Court

1. The defendant is convicted on one count of attempted murder contrary to section 215 of the Penal Code (cap 26).
2. The defendant is sentenced to 8 years imprisonment.
3. I direct that the time spent in pre-trial custody to be deducted from total sentence.

THE COURT
Justice Maelyn Bird
Puisne Judge