R v Ive [2021] SBHC 64; HCSI-CRC 483 of 2017 (18 March 2021)

HIGH COURT OF SOLOMON ISLANDS

Case name:	R v Ive
Citation:
Date of decision:	18 March 2021
Parties:	Regina v Mathew Ive
Date of hearing:
Court file number(s):	483 of 2017
Jurisdiction:	Criminal
Place of delivery:
Judge(s):	Maina; PJ
On appeal from:
Order:	1. The defendant is sentence to 5 years imprisonment, 2. The period spent in custody to be taken out of this sentence. 3. No further orders.
Representation:	Ratu O for the Prosecution
Catchwords:
Words and phrases:
Legislation cited:	Penal Code S 199
Cases cited:

IN THE HIGH COURT OF SOLOMON ISLANDS
CRIMINAL JURISDICTION

Criminal Case No. 483 of 2017

REGINA

V

MATHEW IVE

Dat of Sentence: 18 March 2021

Counsel
Ratu O for the Prosecution
Benham Ifuto’o for Accused

SENTENCE

The Defendant Mathew Ive has pleaded guilty on the amended charge of manslaughter contrary to section 199 of the Penal Code for unlawfully causing the death of Joseph Tandeo.

Defendant was initially charged with one count of murder but on 10^th November 2020, the DPP entered a nolle prosequi on the charge of murder and filed new information of manslaughter.

He was arraigned on the amended charge of manslaughter and pleaded guilty. Upon agreeing on the facts he was accordingly convicted for unlawfully caused the death of Joseph Tandeo.

It is to be noted that a ruling on an application for bail is pending but was withheld pending the plea of guilty on the amended charge of manslaughter and now this sentence.

The Penalty

The offence of manslaughter under section 199 of the Penal Code is a serious offence and carries a penalty of life imprisonment; however the courts will impose the sentence depending on the circumstances of each case.

Facts

The deceased Joseph Tandeo with two boys left Vonu Village at Marau Sound, in the Guadalcanal Province and walked to the nearby Lengalava village. The deceased and the boys were drunk at the time.

When they reached Lengalava village, the boys and the deceased walked down the slope to defendant Mathew Ive’s house. Ernest and deceased heard the defendant saying to them, “Ufala no smart”.

The deceased with the two boys turned back and walked towards the defendant’s house and they found him in his house.

The Deceased challenged in the house and he jumped up towards him intending to hold and hug the Defendant. At the time the Defendant was standing there with a 20 cm long scissors in his hand. When the deceased jumped and moved to the Defendant, the defendant held out the scissor in his hand and stabbed the deceased with a scissors at the lower part of the left side chest.

The deceased later died from the injury caused by the defendant.

Aggravating features

The aggravating features in the case are the armed or used of weapon, a scissors used by the defendant to stab the deceased.

Mitigation

The defendant is now about 27 years old, pleaded guilty to the charge of manslaughter at the first opportunity. That saves the court’s time and resources to run a trail for this case.

It is noted the proposals for plea of guilty on manslaughter charge was put forward to the Prosecution but turned down until the third time. The defendant immediately enters his plea of guilty on the charge of manslaughter.

The Court

I take into account the submissions by the counsels and noted on the aggravating features, mitigation. Also the cases referred to by the counsels on the principle of sentences in this jurisdiction for the offence of manslaughter.

At the utmost, I give credit to defendant for pleading guilty to the charge at the earliest opportunity to the amended information. The same must also be given to him for good character and no previous conviction. I accept these as he is remorseful and ready to bear the consequence of his action.

I take into account that the deceased was first violently attacked by the defendant and all the circumstances of the case. I am satisfied that the appropriate sentence I will impose for the defendant is 5 years imprisonment.

Orders of the Court

1. The defendant is sentence to 5 years imprisonment,
2. The period spent in custody to be taken out of this sentence.
3. No further orders.

THE COURT
Justice Leonard R Maina
Puisne Judge