R v Fani [2022] SBHC 10; HCSI-CRC 143 of 2012 (2 May 2022)

HIGH COURT OF SOLOMON ISLANDS

Case name:	R v Fani
Citation:
Date of decision:	2 May 2022
Parties:	Regina v Mauga Fani
Date of hearing:	19 April 2022
Court file number(s):	143 of 2012
Jurisdiction:	Criminal
Place of delivery:
Judge(s):	Bird; PJ
On appeal from:
Order:	1. The defendant Mr Mauga Fani is hereby convicted of one count of manslaughter contrary to section 199 (1) of the Penal Code (cap 26). 2. The defendant is hereby sentenced to 12 years imprisonment. 3. I direct that the defendant be released at the rising of the court. 4. I further direct that the defendant is released to the care and continuous supervision of Dr Paul Orotaloa and his team. 5. Right of appeal
Representation:	Mr. Andrew Kelesi for the Crown Mr. Steward Weago for the Defendant
Catchwords:
Words and phrases:
Legislation cited:	Penal Code [cap 26] S 200, S 199 (1), S 24 (2)
Cases cited:	R v Hou [2015] SBCA 23, R v Chambers [1983] 5,

IN THE HIGH COURT OF SOLOMON ISLANDS
CRIMINAL JURISDICTION

Criminal Case No. 143 of 2012

REGINA

V

MAUGA FANI

Date of Hearing: 19 April 2022
Date of Decisions: 2 May 2022

Mr. Andrew Kelesi for the Crown
Mr. Steward Weago for the Defendant

Sentence

Bird PJ:

1. By information filed on the 14^th May 2021, the defendant Mr Mauga Fani was originally indicted with 1 count of murder contrary to section 200 of the Penal Code (cap 26). A nolle prosequi was filed in respect of that charge by the Director of Public Prosecution and the defendant was discharged therewith. An amended information was then filed on the 25^th February 2022 whereby the defendant was charged with the offence of manslaughter contrary to section 199 (1) of the Penal Code (cap 26). The defendant was arraigned on that information on the 25^th March 2022 and he pleaded guilty to the charge. He was thereby convicted accordingly. He now appears before me for sentence.
2. The offence of manslaughter is very serious and it carries a maximum sentence of life imprisonment. Nonetheless, the court is empowered under section 24 (2) of the Penal Code to impose a shorter sentence than the one prescribed. It has always been the case that the maximum sentence is normally reserved for the most serious of cases.
3. The facts of your case are as follows:

You are from Ofatabu Village, North East Malaita, Malaita Province. The deceased was also of the same village.
On the 6^th November 2011 at about 5.30pm, your parents arrived from their garden. You asked them to give you $200.00. They told you they did not have any money and you wanted to assault them.
The deceased and one Tom Malakao and his family were at their kitchen when they heard Mary Frank shouted for assistance from their house stating that you wanted to assault them. The deceased and Tom Malakao responded to the call and went. The deceased went inside your kitchen and tried to calm you down and was also trying to disarm you because you were holding a knife. Tom’s sister who was present at the scene called to Tom to help the deceased.
When Tom arrived, he saw a cut on the deceased’s right shoulder and you were holding a kitchen right in your right hand. After attacking the deceased, you walked away along a small road in the village.
Tom and the deceased tried to pursue you in order to disarm you. You then turned around and stabbed the deceased. The knife penetrated his left wrist and landed on his stomach. After that you escaped. The deceased died at the scene of the crime.
According to Dr Paul Orotaloa’a report, you were suffering from a mental condition. You were admitted at the mental clinic at the National Referral Hospital from January to April 2011 and was a known patient to the mental clinic. You are said to be suffering from chronic psychosis of schizophrenia.

4. After having stated the facts, and in order for me to impose an appropriate sentence on you, I now must weigh the aggravating features to the mitigating features in your case. Mr Kelesi for the prosecution had submitted that there are several aggravating features in your offending. The first is the use of a knife during the incident. A knife is a lethal weapon and the likely possibility would be death for the victim. It is also the case that you stabbed the victim more than once on the date of the incident. The stab wounds were fatal and led to the death of the victim. A human life was lost in circumstances that were very unfortunate.
5. I am also told that your attack on the victim was unprovoked. The victim had responded to a call for help from your mother and father whom you have threatened to harm. The victim was merely trying to disarm you when you attacked him with the knife.
6. On your behalf it was submitted by Mr Steven Weago that you are now 37 years old. You committed the offending when you were 26 years old. You are married with 2 children but have lost contact with them since your incarceration. You are a first offender with no previous conviction.
7. You have pleaded guilty to the offending at first opportunity and I give you credit for your early guilty plea. Your early guilty plea not only shows remorse on your part but that you have owned up to your offending and you are willing to face the consequences of your action. It also saves the court’s time and resources into conducting a trial into the matter. I am also told that the victim in this case was your uncle and I am further told that you regretted what you did. If it was not for your mental status then, you would not have done what you did to your uncle. Nonetheless it is noted that notwithstanding the mental status then, you co-operated with the police and did not resist arrest then.
8. I have noted that you have been remanded in custody since the 18^th November 2011. The long remand in custody was mainly due to your incapacity to plead in court because of your mental status. Only on the 8^th October 2021, did your doctor confirmed in his report that you were ready to take your plea. The court can now finalise your matter. It is also important to note that in the doctor’s report, he has recommended that you must stay on medication until it is deemed necessary for you to come off treatment. Bearing that in mind, I would encourage you to take your treatment faithfully as directed by your doctor so that your mental status remains stabilised and you shall not be a threat and a danger to yourself, your family, your community and the public at large. I know you have no intention of killing your uncle on that occasion but because of your mental instability.
9. The courts have dealt with several previous cases like yours and I shall be guided by the principles laid down in those cases in my duty to sentence you. The Court of Appeal in the case of R v Hou [2015] SBCA 23, SICOA-CRAC 9 of 2014 had adopted the principles used in the case of R v Chambers [1983] 5 Cr App R 190 in the sentencing of manslaughter for diminished responsibility. In cases like the present, the courts have various courses open to them, having taken into account the state of the evidence and the materials before them. Four situations were discussed including a hospital order if recommended by a psychiatrist. Second is where a hospital order is not recommended but the defendant poses a danger to the public for an unpredictable period of time then the sentence would be one of life imprisonment. A third situation is where the evidence indicates that the accused’s responsibility for his acts was grossly impaired that his degree of responsibility for them was minimal then a lenient course will be open to the judge. There must however be no danger of repetition of violence. The courts may give the accused his freedom possibly with some supervision. The fourth situation is where there is no proper basis for a hospital order and where the accused’s degree of responsibility is not minimal, the judge may pass a determinate sentence of imprisonment. The sentence would necessarily also depend on two factors namely the assessment of the degree of the accused’s responsibility and a view as to the period of time, if any, for which the accused will continue to be a danger to the public.
10. In your case, there is no recommendation by your doctor for a hospital order and so I am not making a hospital order for you. I have had the opportunity to peruse the psychiatric report dated 8^th October 2021 by Dr Paul Orotaloa and I am of the view you also do not qualify on category 2. In my view, your case falls in the mid line of category 3 and category 4. Having perused your psychiatric report, I can see that you have been suffering from a condition whereby you have been hearing voices (hallucinations) to the effect that you are an enemy for life. I have also read that you do have daily hallucinations but you are now able to control those voices. Whilst on remand, you have also been able to associate and communicate well with other inmates. That is a sign that your condition had improved since you were diagnosed and have been receiving treatment for your condition. Your doctor is of the view that you should and must continue to take your daily treatment because like in other cases, you could have a relapse and that would cause danger to the public.
11. Having stated the above, I am also mindful of your rights as an individual pursuant to section 10 of the Constitution. I have noted that you have been remanded in custody since the 18^th November 2011. To date you have remained in custody for a period of 10 years, 5 months and 11 days. In adopting the principles discussed in paragraph 9 above, I hereby of the view that I will impose upon you a determinate sentence for the offence that you have committed. For the offence of manslaughter, I hereby sentence you to 12 years imprisonment. Since you have been remanded in custody for more than 10 years, you have deemed to have served your imprisonment ter. I hereby release you at the rising of the court. I direct that the defendant is released upon the care and continuous supervision of Dr Paul Orotaloa and his team.

Orders of the court

1. The defendant Mr Mauga Fani is hereby convicted of one count of manslaughter contrary to section 199 (1) of the Penal Code (cap 26).
2. The defendant is hereby sentenced to 12 years imprisonment.
3. I direct that the defendant be released at the rising of the court.
4. I further direct that the defendant is released to the care and continuous supervision of Dr Paul Orotaloa and his team.
5. Right of appeal

THE COURT
Justice Maelyn Bird
Puisne Judge