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High Court of Solomon Islands |
HIGH COURT OF SOLOMON ISLANDS
Case name: | R v Ghapuika |
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Citation: | |
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Date of decision: | 23 August 2021 |
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Parties: | Regina v Ashley Ghapuika |
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Date of hearing: | 3 August 2021 |
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Court file number(s): | 266 of 2021 |
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Jurisdiction: | Criminal |
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Place of delivery: | |
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Judge(s): | Bird; PJ |
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On appeal from: | |
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Order: | 1. The defendant is convicted on one count of murder contrary to section 200 of the Penal Code (cap 26). 2. The defendant is hereby sentenced to life imprisonment. 3. The minimum sentence that the defendant will serve before he is entitled to parole is one of 12 years. 4. I direct that the time spent in pre-trial custody be deducted from the minimum period in Order 3 above. 5. Right of appeal |
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Representation: | Mrs. Margret Suifa’asia and Ms. Martha Mutukera for the Crown Mr. Allan Tinoni for the Defendant |
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Catchwords: | |
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Words and phrases: | |
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Legislation cited: | Penal Code s 200 [cap 26] |
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Cases cited: |
IN THE HIGH COURT OF SOLOMON ISLANDS
CRIMINAL JURISDICTION
Criminal Case No. 266
REGINA
V
ASHLEY GHAPUIKA
Date of Hearing: 3 August 2021
Date of Decision: 23 August 2021
Mrs. Margret Suifa’asia and Ms. Martha Mutukera for the Crown
Mr. Allan Tinoni for the Defendant
SENTENCE
Bird PJ:
The deceased is the late Henry Angikimua from Avatai Village, West Rennell, Renbel Province. You are also from the same village and you were 43 years old at the time of offending. The deceased is your nephew.
On Monday 15th February 2021, between 7am to 8am, the deceased and one James Tautai went to light their solbako smoke at Loise’s kitchen. Whilst the deceased and James were standing in that kitchen with their smoke, you went into the kitchen holding a 24 inches long bush knife. You went and stood behind the deceased and cut the deceased behind his neck and pulled out the knife full of blood. The deceased slowly fell down on the floor of the kitchen. You were still standing behind him. You held the knife and hid it behind your legs. You then retreated to the kitchen door, went out from the kitchen and escaped along the road towards Lake Tegano. The deceased was transported to Tigoa Mini Hospital but died.
According to the autopsy report dated 16th February 2021 by Dr Roy Maraka, it shows injuries to the neck causing death. The injuries included:
- Horizontal slash wound, 210mm in length and 95 mm deep, at the back of the neck. It completely cuts the muscles and neck spine.
- Abrasions, 70 x 1mm on the left forehead anteriorly.
- Abrasions, 140 x 300mm, on the right forearm, posteriorly
The autopsy report also shows the cut on the neck spine was around the 4th and 5th cervical vertebrae.
Orders of the court
THE COURT
Justice Maelyn Bird
Puisne Judge
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URL: http://www.paclii.org/sb/cases/SBHC/2021/63.html