R v Abia [2023] SBHC 25; HCSI-CRC 451 of 2016 (20 March 2023)

HIGH COURT OF SOLOMON ISLANDS

Case name:	R v Abia
Citation:
Date of decision:	20 March 2023
Parties:	Rex v Abia
Date of hearing:	7 March 2023
Court file number(s):	451 of 2016
Jurisdiction:	Criminal
Place of delivery:
Judge(s):	Keniapisia, PJ
On appeal from:
Order:	Court will convict you of manslaughter. And sentence you to 6 years in Rove Correctional Centre. This is a good deterrence for you and others. Any more pre-trial custody entitlement not accounted for herein to be accounted for by the Correctional authority. Order accordingly.
Representation:	Mr. Kelesi (DPP) for the Crown Mr. Gray (PS) for the Defendant
Catchwords:
Words and phrases:
Legislation cited:	Penal Code [cap 26] S 199, Constitution S 10 (1)
Cases cited:	Tapa’amae v R [2021] SBCA 12, Popoe v Regina [2015] SBCA 20

IN THE HIGH COURT OF SOLOMON ISLANDS
CRIMINAL JURISDICTION

Criminal Case No. 451 of 2016

REX

V

ABIA

Date of Hearing: 7 March 2023
Date of Sentence: 20 March 2023

Mr Kelesi (DPP) for the Crown
Mr. Gray (PS) for the Defendant

CONVICTION AND SENTENCE

1. High Court convicted the defendant of murder on 13/10/2017 and sentenced him to life imprisonment. He was convicted after a trial, which took place on 15^th and 16^th September 2017. Sentencing took place on 13/10/2017. Defendant filed a notice of appeal on 17/11/2017. On 12^th April 2019, Court of Appeal quashed the conviction and sentence and ordered a trial de novo, in the High Court.
2. Since 12^th April 2019, re-trial in the High Court dragged, due to normal court delays for which no particular person should be blamed. When I took over the file, I listed trial to commence on the 6/03/2023. However, things have drastically changed. On 3/03/2023, a nolle prosequi notice was filed to discontinue the initial murder charge. Simultaneously an amended information was filed reducing the initial murder charge to manslaughter.
3. Court adjourned to 7/03/2023. Counsel were still working on the summary of agreed facts together with sentencing and mitigation submissions. There was a possibility that the defendant will enter an early guilty plea. On 7/03/2023 I resumed trial. I arraigned the defendant on the new manslaughter charge. Defendant entered an early guilty plea to the new manslaughter charge contrary to Section 199 of the Penal Code (Cap 26). Then sentencing and mitigation submissions followed immediately.
4. The summary of agreed facts showed the following: -
   • (i) The Accused in this matter is Joel Abia (“Accused”) of Ghongau village in Bellona Island in the Rennel and Bellona Province.
   • (ii) The Deceased is an elderly man in his 50s named Charles Meti (“Deceased”), and is from Peleni, Temotu Province.
   • (iii) On Saturday 30^th of April 2016, the Deceased had attended a fundraising at Karaina settlement in White River area, West of Honiara. The Deceased met, Ester Sandra, a relative and later the two met up with the Deceased’s sister in law Joana Vahi at night at the playing pitch near the White River Police Station, where they drank beer.
   • (iv) Whilst they were siting, the beers were shared amongst them. Joana Vahi however refused to drink at that time which made the Deceased angry. The Deceased who was still angry with Joana Vahi for not drinking began to express his anger by shouting which attracted the attention of a group of males who were also drinking alcohol at that time at a spot on the field as well. The Accused was amongst the group of boys drinking.
   • (v) Whilst the Deceased was shouting and expressing his anger at Joana Vahi for not drinking the beer, the Accused then approached them. There was an argument between the Deceased and the Accused.
   • (vi) Joana Vahi recognized the Accused and when the incident happened, both female were frightened and escaped, leaving the Deceased and the Accused alone.
   • (vii) In the midst of their argument, the Deceased, swore at the Accused which made the Accused to became aggressive which resulted in him punching the deceased on his face, and then stabbing him on his left side rib with a small yellow knife and then escaping.
   • (viii) The Deceased was later transported to the hospital. According to the doctor, he died due to blood loss as a result of the stab wound.
5. Defendant entered an early guilty plea to the new charge of manslaughter premised on the summary of agreed facts. Full trial was vacated. Court was satisfied beyond reasonable doubt that the accused caused the death of the deceased unlawfully. Court will convict the accused of manslaughter on his entering of an early guilty plea premised on the summary of agreed facts. And move to determine the appropriate punishment.
6. Counsel have given me many case authorities on the comparative sentencing for manslaughter charges. I am most grateful to Counsel. The precedent comparative sentencing cases will guide me to determine the appropriate sentence. However, my uttermost considerations are – a life has been taken away and the merits of this case will tell me the appropriate sentence to impose.
7. The first thing I should settle is the starting point sentencing appropriate to the facts/merits of this case. Using two Court of Appeal cases - Tapa’amae^[1] (drunkenness) and Popoe^[2] (use of knife/weapon), I will set the starting point sentence at 8 years. This is because the defendant used a knife (weapon) and was drunk. Both Court of Appeal cases say the presence of weapon and alcohol would attract a starting point sentence of 6 years and up.
8. Court noted some aggravating features against you such as – offending took place at night, deceased not armed, loss of life, use of knife and drunkenness. Whilst the summary of agreed facts says the deceased swore at you, I cannot entirely say the deceased was the aggressor. You were the one who went to the deceased in the first place, before the argument broke out between you and the deceased. And you went to the deceased armed with a deadly weapon (knife). These two facts tell me that your offending though is manslaughter was already bordering on murder. For these aggravating features I will add 5 years (13).
9. But then there are also mitigating factors in your favour – first time offender with no previous conviction and that compensation was also paid. I will deduct 3 years (10). You have already spent 2 years, 11 months and 6 days (or just say 3 years) before Court of Appeal released you in 2019. However I will not deduct that as argued by your lawyer. You were serving a lawful sentence until quashing by the Court of Appeal. This point was overlooked by your lawyer. I will instead deduct 3 years 10 months and 24 days (or just 4 years). This was for delay since 2019 re-trial orders by the Court of Appeal. This was breach of your constitutional right to fair hearing within a reasonable time (Section 10 (1) of the Constitution).
10. Court will convict you of manslaughter. And sentence you to 6 years in Rove Correctional Centre. This is a good deterrence for you and others. Any more pre-trial custody entitlement not accounted for herein to be accounted for by the Correctional authority. Order accordingly.

THE COURT
JUSTICE JOHN A KENIAPISIA
PUISNE JUDGE

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^[1] Tapa’amae v R [2021] SBCA 12; SICOA-CRAC 3 of 2020 (1^st February 2021).
^[2] Popoe v Regina [2015] SBCA 20; SICOA-CRAC 42 of 2014 (9^th October 2015).