Crown v Bade [2022] SBHC 83; HCSI-CRC 326 of 2019 (21 October 2022)

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Case name:	Crown v Bade

Citation:

Date of decision:	21 October 2022

Parties:	Crown v Thomas Bade

Date of hearing:

Court file number(s):	326 of 2019

Jurisdiction:	Criminal

Place of delivery:

Judge(s):	Maina; PJ

On appeal from:

Order:	1. The total sentences on the 4 counts to be consecutively, 2. The period spent in the custody to be deducted from the 8 years imprisonment and 3. No further orders.

Representation:	Suifa’asia M & Mutukera M for the Crown Pulekera R D for the Defence

Catchwords:

Words and phrases:

Legislation cited:	Family Protection Act S 4 (1) (a), Subsection (b) S 4(1),Family Protection Act S 58 (1), Penal Code (Amendment) (Sexual Offences) Act 2016

Cases cited:

The Defendant Thomas Bade had been charged on 4 counts with the amended information of Domestic Violence – physical abuse contrary to section 58 (1) as read with section 4 (1) (a) of the Family Protection Act. The error as submitted by the Crown with the subsection (b) in section 4 (1) is noted and accordingly amended to (a) as noted above.

Defendant had pleaded guilty on all four counts and upon his own pleas accordingly convicted on the information.

Defendant and Victim Emily Lalube are married since 2012 and they have two sons who lived with them at Lungga East Honiara.

On Count 1, the Defendant between 24^th December 2017 and 31^st January 2018 at about 8 pm went to Lungga River for their bath. The Defendant led his wife there and he assaulted her multiple times. He hit his wife on the head and kicked with his foot. She cried for help but no one was around there to assist her.

On Count 2 and 3, it was at Lungga East Honiara on 20^th January 2018 at about 4.30pm. The Defendant led the Victim to Lungga River. The Defendant tied the victim’s legs and hands and he assaulted her.

He then hit and assaulted his wife on her head, chest and kicked her buttock several times. The Defendant then pushed his fingers into her vagina and she bled the blood. Defendant also took a stone and hit her on the elbows and knees.

Count 4 occurred on 3^rd July 2018 at about 4.30pm when the Defendant who was drunk returned to their house at Lungga. The Victim asked him why he went out to drink and he replied that other people had made him to drink. Victim then swore at the Defendant with his mother and she took the stones and threw it to the Defendant but it missed him. The fourth stone hit the defendant and he chased the victim with the spade. Defendant held the Victim and she fell on the ground. He kicked and assaulted her and he hit her on the face with his finger ring and made the Victim’s face bleeding with the blood.

Under section 4 of the Family Protection Act, Domestic Violence is committed by a person against another person with whom the offender is in a domestic relationship in the 4 situations or categories. And the maximum penalty for the offence under section 58 (1) of the Family Protection Act is a fine of 30,000 penalty units or imprisonment for 3 years, or both.

They are 4 types or categories of violence in the provision and they are physical abuse, sexual abuse, psychological abuse and economic abuse.

For the charges against the Accused, the fact reveal that they are the conduct of physical abuse. Human beings are not properties and you cannot dispose or do whatever you like to them or as you wish with any form of violent in a domestic relationship as wives and husbands. The husbands has no right under the law to mistreat their wives.

With Counts 2 and 3, the Defendant tied the victim’s legs and hands hit or assaulted his wife on her head, chest and kicked her buttock several times. He pushed his fingers into her vagina and she bled with blood and hit her on the elbows and knees. These acts by the Defendant to his wife is nothing less or otherwise a worst case of domestic violence.

The facts seems to disclose that the Defendant’s case is in the range of the worst case of domestic violence, any sentence should deter him, and others who may think to involve in this sort violence.

I am mindful on the statutory maximum penalty of under section 58 (1) of the Family Protection Act of a fine of 30,000 penalty units or imprisonment for 3 years or both. With the penalty units if is imposed for the four counts, it may be in default. It is this type of case that would require a thought on the concept of the principle of the maximum term to be reserved for the worst case or is always left to the court.

It is the courts sentencing discretion in consideration of an appropriate sentence and that always remains a discretion of the court.

On the mitigation, the offender has no previous conviction, pleaded guilty on all four counts, co-operated with the Police investigation.

The Defendant had remanded in custody since 5^th July 2018. The defence counsel in the written submission raise a concern on the period in custody and ask the court to take into account in the sentence.

The Counsel for the Crown in submitting for the sentence also refers to the sexual offences sentences imposed by the courts under the Penal Code (Amendment) Sexual Offences Act 2016. However, the sexual offences sentences imposed by the courts on those cases may not be appropriate as this case involves the physical abuse or violence.

I noted the aggravating features of the case and as I have stated earlier on the starting point with the category of worst case of domestic violence.

With the circumstances and taking into account all the mitigating factors and the aggravating factors, the Accused Thomas Bade is sentence on the 4 counts as follows:

High Court of Solomon Islands

Crown v Bade [2022] SBHC 83; HCSI-CRC 326 of 2019 (21 October 2022)