R v Waoki [2022] SBHC 64; HCSI-CRC 194 of 2019 (30 March 2022)

HIGH COURT OF SOLOMON ISLANDS

Case name:	R v Waoki
Citation:
Date of decision:	30 March 2022
Parties:	Regina v Linton fox Waoki
Date of hearing:
Court file number(s):	194 of 2019
Jurisdiction:	Criminal
Place of delivery:
Judge(s):	Maina; PJ
On appeal from:
Order:	1. Linton Fox Waoki is sentenced to 5 years’ imprisonment 2. Time spent custody to be deducted from this sentence, 3. No further orders
Representation:	Peli L for the Crown Manebosa R for the Defence
Catchwords:
Words and phrases:
Legislation cited:	Penal Code S 224
Cases cited:

IN THE HIGH COURT OF SOLOMON ISLANDS
CRIMINAL JURISDICTION

Criminal Case No. 194 of 2019

REGINA

V

LINTON FOX WAOKI

Date of Sentence: 30 March 2022

Peli l for the Crown
Manebosa R for the Defence

SENTENCE

Maina PJ:

You, Accused Linton Fox Waoki had pleaded of guilty and convicted on one count of an act to cause grievous harm of section 224 of the Penal Code.

Brief Facts

At the midday on 3^rd November 2018, the victim Peter Maera went to Varagia Camp in Isabel Province and met the defendant and four other persons namely Naeni, Willie, Oster and Jeffery. He joined the boys and they drank the homebrew at Hety’s house.

As they were drinking the homebrew, Naeni and the defendant had an argument and Willie slapped the defendant. The complainant saw what was happening and he walked away from the group as he did not like what had happened.

The angry defendant was chased around and so he ran to his house, took a 32cm bush knife in his right hand and then ran after the complainant who had left or moved out from the group.

He reached the complainant and then he struck the knife he was holding on the complainant’s head. The complainant looked back to the defendant and the sharp knife blade landed and cut the complainant on the back neck. As he was about the cut again, a man (witness) with others intercepted and removed the knife from the defendant.

The complainant sustained injuries at the back of his neck and fell unconscious. The injury on the neck was about 8cm length and 3cm in depth located at the back of the complainant’s right ear, towards the lower back of the neck in a diagonal fashion.

Complainant was then taken to Samasodu Clinic by the people and he received a treatment for the wounds there.

Seriousness

The agreed facts on the case is the defendant was angry and drank with homebrew. He ran for a sharp knife he used to cut the complainant on his head and neck. He intended to further cut the complainant but he was intercepted by the witnesses. The facts show that the act of the defendant is very serious nature. And had not he been intercepted it may result to death of the complainant.

The Aggravating features

These are taken into account as the aggravating features. A weapon (knife) was used, the defendant was angry, a premediated act when he ran to his house, took the knife came back, chased and he used to cut the complainant. The defendant was under the influence of alcohol.

Mitigating Factors

A first time offender and I give credit for the plea of guilty by the defendant on the charge.

I noted and take into account the case laws in this jurisdiction and referred by the both counsel and they can be noted and relevant for the consideration of starting point in the sentence. With this case the starting point is 4 years.

The act of the defendant was serious nature as noted from the facts and they are aggravating features. Taking into account these the defendant is sentence to 5 years’ imprisonment.

Orders of the Court

1. Linton Fox Waoki is sentenced to 5 years’ imprisonment
2. Time spent custody to be deducted from this sentence,
3. No further orders

THE COURT
Hon. Justice Leonard R Maina
Puisne Judge