Home
| Databases
| WorldLII
| Search
| Feedback
High Court of Solomon Islands |
HIGH COURT OF SOLOMON ISLANDS
Case name: | R v Leinga |
| |
Citation: | |
| |
Date of decision: | 23 November 2022 |
| |
Parties: | Rex v Daniel Leinga |
| |
Date of hearing: | 22 November 2022 |
| |
Court file number(s): | 467 of 2021 |
| |
Jurisdiction: | Criminal |
| |
Place of delivery: | |
| |
Judge(s): | Lawry; PJ |
| |
On appeal from: | |
| |
Order: | 1. The Defendant is convicted on Count 1 and sentenced to 14 months’ imprisonment. 2. On count 2 the Defendant is convicted and sentenced to 22 months’ imprisonment. 3. The sentence for count 2 is concurrent with the sentence on count 1. 4. Twelve months of the sentence is to be served in custody. The balance is to be suspended. 5. The prison authorities are to take into account any time spent on remand for this matter. 6. The name of the victim and any identification of her is permanently suppressed. 7. The Court has explained section 45 of the Penal Code to the Defendant. |
| |
Representation: | Ms L Pellie for the Crown Mr D Houa for the Defendant |
| |
Catchwords: | |
| |
Words and phrases: | |
| |
Legislation cited: | Penal Code S 139 (2) (a) as amended by Penal Code (Amendment) (Sexual Offences) Act 2016 S 5, |
| |
Cases cited: | Regina v Liva [2017] SBCA 20, Regina v Bonuga [2014] SBCA 22, Regina v Kaneta [2018] SBHC 52, Regina v Tata [2020] SBHC 151Laui v Director of Public Prosecutions [1987] SBHC 4, Alu v Reginam [2016] SBCA 8 |
IN THE HIGH COURT OF SOLOMON ISLANDS
CRIMINAL JURISDICTION
Criminal Case No. 467 of 2021
REX
V
DANIEL LEINGA
Date of Hearing: 22 November 2022
Date of Decision: 23 November 2022
Ms L Pellie for the Crown
Me D Houa for the Defendant
Sentence
Introduction
Facts
Personal circumstances
Aggravating factors
Mitigating factors
Principles of Sentencing
Starting point
Consecutive/Concurrent
Later the Court said:
- “Where concurrent sentences have been passed because of the single transaction principle, the court must ensure that the gravity of the offence is properly represented by the sentence for the principal offence.”
Orders
By the Court
Justice Howard Lawry PJ
PacLII:
Copyright Policy
|
Disclaimers
|
Privacy Policy
|
Feedback
URL: http://www.paclii.org/sb/cases/SBHC/2022/111.html