R v Kiloa [2022] SBHC 32; HCSI-CRC 77 of 2018 (18 May 2022)

HIGH COURT OF SOLOMON ISLANDS

Case name:	R v Kiloa
Citation:
Date of decision:	18 May 2018
Parties:	Regina v Paul Kiloa & Patrick Moale
Date of hearing:
Court file number(s):	77 of 2018
Jurisdiction:	Criminal
Place of delivery:
Judge(s):	Maina; PJ
On appeal from:
Order:	1. Defendants Paul Kiloa and Patrick Moale is sentence to 2 years each on the charges of assault causing actual bodily harm contrary to section 245 of the Penal Code. 2. Defendants Paul Kiloa and Patrick Moale had each been remanded in custody for 1 year 18 months and their case have been in delay for 6 years and I am satisfied that periods in custody and delay is sufficient for them as their sentences in the case. 3. Both Defendants is released and free at the rising of the court. 4. No further orders
Representation:	Ratu O for the Crown Waroka L for the Defence (Paul Kiloa) Kwalai D for the Defence (Patrick Moale)
Catchwords:
Words and phrases:
Legislation cited:	Penal Code S 245
Cases cited:	Regina v Saeniorea [2005] SBHC 173

IN THE HIGH COURT OF SOLOMON ISLANDS
CRIMINAL JURISDICTION

Criminal Case No. 77 of 2018

REGINA

V

PAUL KILOA AND PATRICK MOALE

Date of Judgment: 18 Mya 20122

Ratu O for the Crown
Waroka L for the Defence (Paul Kiloa
Kwalai D for the Defence (Patrick Moale)

SENTENCE

Maina, PJ:

The Accused Paul Kiloa and Patrick Moale were charged of attempt murder but the DPP nolle prosequi it and filed an amended information on assault causing actual bodily harm contrary to section 245 of the Penal Code against them.

On the arraignment with the amended information, Patrick Moale pleaded guilty on the amended information and he was accordingly convicted on the amended information.

Paul Kiloa pleaded not guilty and on the trail he was found guilty and convicted on the amended information of assault causing actual bodily harm.

Facts

The two accused were among a group of men from Reef Islands, Temotu Province who went to the place of the complainant with stones, knives, iron, sticks and bows and arrows. The men threw the stones and shots the arrows to the complainant.

Paul Kiloa shot an arrow with a bow and landed on the complainant Jerry Brett Maitaki and injured him. And Patrick Moale also shot an arrow with his bow and landed on the complainant’s back. The injuries caused bodily harm to the complainant however there was no medical report was tendered to the court.

Maximum Penalty

The maximum penalty for any person who commits the offence of an assault causing actual bodily harm under section 245 of the Penal Code is five years’ imprisonment.

Sentence Submissions

Defence counsel for accused Moale submitted to the court the sentence submission on April 21^st, 2021 and the Crown submitted theirs on March, 26^th 2021.

Accused Kiloa was convicted on the amended information of the assault causing actual bodily harm after a trail on March, 31^st 2022. The court then listed the case for sentence submissions by the all counsels on April, 11^th 2022.

And when the matter came to the court for the counsels to submit the sentence submissions on the day, both the Crown and Defence counsels were not able to submit the submissions for Kiloa’s case.

I understand what seems to be the cause i.e. the Covid 19 with care and warnings from the health authorities. And so I directed the counsels with the Kiloa’s case to submit the sentence submissions in writing and file it to the court by May, 9^th 2022. And I also listed the sentence for the accused Moale and Kiloa to be delivered on May, 18^th 2022.

Defence submitted the sentence submission for accused Kiloa on April, 29^th 2022 but nothing was filed in the court on behalf of the Crown until the date.

Mitigations

Accused Patrick Moale pleaded guilty on the charge on March, 23^rd 2021. He has no previous conviction or the first offender.

For accused Paul Kiloa, he is 38 years old and comes from Temotu Province and has no previous conviction.

Aggravating Features

Counsel Ratu O for the Crown (with Moale’s case) submits these matters are aggravating features.

• The weapon used at the incident were bows and arrows to shot the complainant at that time.
• The place of the offence was residential area with families’ lives there and their act may injure others or anybody else.
• And the complainant was unarmed at the time of the offence.

Counsel Kwalai for defence submitted that his client Patrick Moale regretted his actions and what he had done and concedes that it was wrong to response to any in such away. His remorse is reflected to his guilty plea to the charge. His client had spent 1 year 8 month in custody awaiting his case with the court.

For the Counsel’s client, a credit be given for the guilty plea at the first opportunity, is consistent with remorse and being reflected to his guilty plea to the charge.

Both Defence counsels referred to the cases and among them is Regina v Saeniorea [2005] SBHC 173; HCSI-CRC 036 of 2004 (15 February 2005). His Lordship Palmer CJ when delivering a sentence on the charge of assault causing actual bodily harm states:

“These range from fines to sentences of imprisonment up to 18 months and in some instances part or all of the sentence has been suspended in full, depending on the facts of each case”.

The range of the sentences seems to reflect the minimum sentence the court would imposed on this type of offences.

In the circumstances of the starting point, it is 3 years in this case and taking into account and balancing all aggravating factors and mitigating factors I am satisfied of a sentence of 2 years be imposed for this case.

Orders of the Court:

1. Defendants Paul Kiloa and Patrick Moale is sentence to 2 years each on the charges of assault causing actual bodily harm contrary to section 245 of the Penal Code.
2. Defendants Paul Kiloa and Patrick Moale had each been remanded in custody for 1 year 18 months and their case have been in delay for 6 years and I am satisfied that periods in custody and delay is sufficient for them as their sentences in the case.
3. Both Defendants is released and free at the rising of the court.
4. No further orders

THE COURT
Hon Justice Leonard R Maina
Puisne Judge