Crown v Gwaro [2022] SBHC 84; HCSI-CRC 619 of 2021 (27 October 2022)

HIGH COURT OF SOLOMON ISLANDS

Case name:	Crown v Gwaro
Citation:
Date of decision:	27 October 2022
Parties:	Crown v Ida Gwaro
Date of hearing:
Court file number(s):	619 of 2021
Jurisdiction:	Criminal
Place of delivery:
Judge(s):	Maina; PJ
On appeal from:
Order:	1. Defendant is sentence to 7 years and 6 months imprisonment, 2. The time or period spent in custody to be deducted from the sentence, 3. No further orders.
Representation:	Geitaba Waletofea for the Crown Alasia B E for the Defence
Catchwords:
Words and phrases:
Legislation cited:	Penal Code S 199
Cases cited:

IN THE HIGH COURT OF SOLOMON ISLANDS
CRIMINAL JURISDICTION

Criminal Case No. 619 of 2021

CROWN

V

IDA GWARO

Date of Ruling: 27 October 2022

Geitaba Waletofea for the Crown
Alasia B E for the Defence

SENTENCE

Maina PJ:

1. The Defendant Ida Gwaro was charge of the manslaughter contrary to section 199 of the Penal Code for the death of the Deceased Rose Taga’aalatha.
2. On the 8^th June 2022, the Defendant was arraigned on the information and she pleaded not guilty on the charge. Moreover, when this matter came back to court for mention the Defendant decided to charge her plea and when she re-arraigned on the charge of the manslaughter, the Defendant Ida Gwaro changed her and pleaded guilty on the manslaughter charge.

Brief Facts

3. The Defendant Ida Gwaro is from Gwaiau village North Malaita and the Deceased is Rose Taga’aalatha.
4. On 1^st June 2016 at about 3.30pm, the defendant went into the kitchen and asked for the food. No one there responded to her request and so she got angry. She took a bush knife in her right hand and attacked the deceased with the knife and cut her left leg. Defendant held the bush knife and then walked from the kitchen.
5. The deceased lost a lot of the blood from the injury caused by the defendant and as a result she died on 2^nd June 2016. Defendant was then arrested on 3^rd June 2016.
6. The offence of manslaughter under section 199 of the Penal Code is felony and any person who committed the offence is liable to imprisonment to life.
7. The starting point in the sentence of manslaughter are as referred to by both counsel in their submissions and it should be 7 years. Let alone the above the worse ones.
8. It is stated in the fact the defendant was asking for food and when no one attended or responded to her she took the knife and cut the left leg of the deceased with the knife. Whether she was hungry or did not have any food for her family or other the reasons it is only known to her.
9. Defendant is 40 years old, married with three children and her act of cutting a helpless woman of 70 years old is an act of a senseless person or otherwise she should be checked for some serious diseases. The circumstances of the case shows it is severe or serious act of the defendant.
10. The defendant pleaded guilty on the charge against her and she has been in custody since she was arrested. She has no previous conviction. As a personal background she is now about 40 years old, married with three children, attended Form 5 at Honiara Secondary School and the eldest in the family.
11. This case has been delayed and the defendant in custody since the Police arrested her. It is noted by the court.
12. Defendant is 40 years old, married with three children and her act of cutting a helpless woman of 70 years old is an act of a senseless person or otherwise she should be checked for some serious diseases in her. Defendant’s action to the deceased is serious and cruel on her part to a helpless 70 year old woman.
13. I take into account the mitigations and aggravating factors as submitted by the counsels and the circumstances that led to the offence, the defendant is sentence to 7 years and 6 months imprisonment.

Orders of the Court

1. Defendant is sentence to 7 years and 6 months imprisonment,
2. The time or period spent in custody to be deducted from the sentence,
3. No further orders.

THE COURT
Hon. Justice Leonard R Maina
Puisne Judge