R v Eric [2021] SBHC 73; HCSI-CRC 205 of 2019 (25 August 2021)

HIGH COURT OF SOLOMON ISLANDS

Case name:	R v Nathaniel Junior Eric
Citation:
Date of decision:	25 August 2021
Parties:	Regina v Nathaniel Junior Eric
Date of hearing:	20 August 2021
Court file number(s):	205 of 2019
Jurisdiction:	Criminal
Place of delivery:
Judge(s):	Bird; PJ
On appeal from:
Order:	1. The defendant is hereby sentenced to 4 years imprisonment for the offence of robbery contrary to section 293 (1) (a) of the Penal Code (cap 26). 2. The time spent in pre-trial custody is to be deducted from the total sentence. 3. Right of appeal.
Representation:	Mr. Andrew E Kelesi for the Crown Mr. Sholton Rodney Manebosa for the Defendant
Catchwords:
Words and phrases:
Legislation cited:	Penal Code S 293 (1) (a) [cap26], S 44 [cap 26], 24 (2) [cap26], Criminal Procedure Code S 8 (1)
Cases cited:	Selo v Regina [2017] SBCA 17, R v Wanefiolo [2020] SBHC 16

IN THE HIGH COURT OF SOLOMON ISLANDS
CRIMINAL JURISDICTION

Criminal Case No. 205 of 2019

REGINA

V

NATHANIEL JUNIOR ERIC

Date of Hearing: 20 August 2021
Date of Decision: 25 August 2021

Mr. Andrew E Kelesi for the Crown.
Mr. Sholton Rodney Manebosa for the Defendant

SENTENCE

Bird PJ:

1. The defendant, Mr. Nathaniel Junior Eric was found guilty and convicted by this court for the offence of robbery contrary to section 293 (1) (a) of the Penal Code (cap 26) on the 23^rd July 2021. Due to reasons beyond the court’s control, sentencing submission by the defence was not done until the 20^th August 2021.
2. The maximum sentence that is codified under our laws for the offence of robbery is one of life imprisonment. Notwithstanding pursuant to section 24 (2) of the Penal Code (cap 26), the courts in their discretion may impose a shorter sentence. Section 6 of the Criminal Procedure Code provides the High Court may pass any sentence authorised by law. Section 8 (1) of the CPC further provides that any court may pass any lawful sentence combining any of the sentences which is authorised by law to pass. The courts in essence have very wide powers to pass sentence on accused persons.
3. In passing sentence the court must take into account the aggravating and mitigating features in each case. In this particular case was submitted by Mr. Kelesi of counsel for the crown that there are several aggravating features in your offending. First is that the offending was pre-meditated. You prepared well for the robbery. The pre-planning was evident from how you were dressed so that your identity would be obscured from people around you.
4. Secondly, is that the robbery was carried out with violence. From the CCTV footage, you attacked the complainant with a bush knife. You struck the complainant with the knife when he tried to restrain you. The complainant had sustained injuries as a result.
5. The third aggravating feature was that the offending was carried out against a business house. The business employs Solomon Islanders as storekeepers so it provides employment to nationals. The business also pays tax to the government and thereby contributed to the country’s economy.
6. Another aggravating feature in your offending is the adverse effect it has on the international community and to potential investors. They will see Solomon Islands as an unsafe place to invest in. What you have done would portray a very bad picture of our beloved country to the international community at large.
7. On your behalf, Mr. Manebosa of counsel has submitted that you are a first offender. You have no criminal history behind you. I commend you for living a life free from crime until this offending.
8. You are married with one child and you have elderly parents who reside at your village in Malaita Province. You are a young person of 27 years old.
9. You have asked to personally address court in your sentencing. You stated that you are remorseful and you have promised to make a change in your life and to become a good citizen of this country. You stated that you have concern for your young family and your elderly parents at your home village in Malaita. You have asked the court to exercise mercy on you. The court had heard your plea for mercy.
10. A plea for mercy from an accused person begs the court for mercy and for the court to have compassionate treatment towards them. Upon a plea for mercy, the judge may consider the circumstances and this may affect the sentence.
11. In any event, the case of Gabi Selo v Regina [2017] SBCA 17, was brought to the court’s attention on the range of sentences that could be imposed in robbery cases. The Court of Appeal in that case, put the starting point in bank robbery cases at 15 years imprisonment. In the case of R v Wanefiolo [2020] SBHC 16, HCSI-CRC 163 of 2019, the defendant was sentenced to 11 years imprisonment after pleading guilty to robbery. He was a co-accused in the Selo case.
12. In your case, you were armed with a long bush knife. It is evident from the CCTV footage that you intended to use the knife on the complainant and you have in fact caused injuries on him. The court had however noted that your attempt to rob was unsuccessful because you were restrained and you escaped. You did not gain any money from your unlawful act. Nonetheless, you must realise that what you did on that occasion is of no excuse and uncalled for. You must learn to fend for your young family and your elderly parents in an honest and dignified way. You do not have to resort to crime in order to care and maintain your family. You are a young man and at your age you are capable of making ends meet for their upkeep. You must show a responsible and respectable life and attitude to your young child. Every parent would wish to see the best of their children expecting them to grow up to be good and respectable citizens of the country. I hope that you are no exception to that wish. Learn from your mistake and try to live a life that will promote the betterment of yourself and that of your family.
13. I have pondered upon how the court would impose an appropriate sentence on you, Suspension of part of your sentence pursuant to section 44 of the Penal Code (cap 26) is not available to you. It is not available to you for the reason that you were armed with a bush knife at the time of offending.
14. I have also took into account and considered the option of imposing a residence order on you but that you are also a co-accused in CRC 378 of 2018. That alleged case against you was committed before the offending in this case. The matter is still pending before this court.
15. After having considered other options available to this court in sentencing, there is not much option left for me but to sentence you to a term of imprisonment. For the offence that you have committed pursuant to section 293 (1(a) of the Penal Code (cap 26), I hereby sentence you to 5 years imprisonment. For your plea for the mercy of this court, I hereby reduce that sentence by 1 year. You will serve a term of 4 years in prison. I will also direct that the time spent in pre-trial custody be deducted from the total sentence.

Orders of the court.

1. The defendant is hereby sentenced to 4 years imprisonment for the offence of robbery contrary to section 293 (1) (a) of the Penal Code (cap 26).
2. The time spent in pre-trial custody is to be deducted from the total sentence.
3. Right of appeal.

THE COURT
Justice Maelyn Bird
Puisne Judge