R v Kolia [2024] SBHC 106; HCSI-CRC 406 of 2023 (22 March 2024)

HIGH COURT OF SOLOMON ISLANDS

Case name:	R v Kolia
Citation:
Date of decision:	22 March 2024
Parties:	Rex v Clinton Kolia and Chris John Mwelo
Date of hearing:	22 March 2024
Court file number(s):	406 of 2023
Jurisdiction:	Criminal
Place of delivery:
Judge(s):	Lawry; PJ
On appeal from:
Order:	1. The accused is convicted and sentenced to 3 years and 9 months imprisonment. 2. The authorities are to take into account the time already spent in custody in calculating his release date.
Representation:	Ms L Pellie for the Crown Mr D Houa for the Accused
Catchwords:
Words and phrases:
Legislation cited:
Cases cited:	Regina v Paewa [2016] SBCA 25

IN THE HIGH COURT OF SOLOMON ISLANDS
CRIMINAL JURISDICTION

Criminal Case No. 406 of 2023

REX

V

CLINTON KOLIA AND CHRIS JOHN MWELO

Date of Hearing: 22 March 2024
Date of Sentence: 22 March 2024
Ms L Pellie for the Crown
Mr D Houa for the Accused

SENTENCE

1. Clinton Kolia you have pleaded guilty to one count of wounding with intent to cause grievous harm. The maximum penalty for this offence is life imprisonment.
2. Your trial was scheduled to commence on Monday this week but your counsel advised the Prosecution last week that you would change your plea to guilty. For that you will receive credit.

Facts

3. On 1 June 2022 you saw that your garden had been damaged with taro being uprooted, banana, bread fruit and cut-nut trees having been cut. A coconut tree also damaged. Whether all that damage had occurred in your garden is not clear. You were told on 31 May 2022 that it was the victim who was responsible for the damage. You understood there was a boundary dispute where you were gardening. You were angry and went to Niope village where you saw the victim in the Community Hall. There were others present who had been carrying out marketing. You used a bush knife as a weapon to cut the victim on the abdomen and right arm.
4. The medical report shows the laceration to the abdomen was 11 cam long and 2 cm deep. The external oblique muscle was severed. The repair was carried out in layers to stitch the muscle together. There was a laceration to his right arm which was 4 cm long and 1 cm deep. Three minor arteries were severed. Three blood vessels were also severed. The bone was chipped. These were severe wounds that you inflicted on the victim.
5. I am told you have undertaken a reconciliation and paid compensation for the loss of blood. Your family and the victim’s family have entered to a dispute settlement to establish peace between your two groups. You have tendered a reconciliation report.
6. I must impose a sentence on you that reminds you and the community that it is inacceptable to behave as you did using a bush knife to attack another because of anger at what you consider was provocation by your victim.

Aggravating factors

7. The Crown refers to your premeditation which I accept. You had taken you bush knife with you and travelled some distance looking for the victim.
8. The use of a weapon and the nature of the weapon are aggravating factors.
9. Your victim was in a public place where other people were also put at risk and where the victim was in a vulnerable position.
10. The Crown also refers to the medical evidence and the seriousness of the injuries sustained. You have pleaded guilty and in accordance with custom have and gone reconciliation and paid compensation.

Mitigating factors

11. You counsel submits that you have acknowledged what you did and are entitled to discount for you guilty plea even though it was not an early plea.
12. You are someone who does not have previous convictions and were aged 22 at the time, still completing your education.
13. Counsel submits that there was provocation on the Part of the victim. I cannot know whether that is so or not but it is true that you have reacted to what you told was damage caused by the victim.

Discussion

14. I note your action was deliberate and you targeted the right arm of the victim because in you submission it was the land he used to damage the garden.
15. Your counsel has referred the Court to Regina v Paewa [2016] SBCA 25. That was a Crown appeal against sentence. However the appeal was concerned not with the term of 4 years that was imposed but whether the sentence was correctly structured bearing in mind an existing suspended sentence for previous offending. In the High Court the Chief Justice had imposed a sentence following a very early guilty plea. A knife had been used and the accused was affected by alcohol. The Court had accepted that the offending was not premeditated. Compensation had been paid in that case as well. The Court took a starting point of 5 years imprisonment.
16. I accept that your case has aggravating factors that were not present in that case, in particular the premeditation. In Paewa however the offender was subject to a suspended sentence at the time of the offending. Each case must turn on its own facts.
17. Bearing in mind the aggravating factors I consider the starting point after aggravating factors are taken into account can be no less than 5 years’ imprisonment.
18. For the mitigating factors identified, especially your guilty plea and the reconciliation and compensation paid I allow a discount of 15 months.
19. The final sentence then is 3 years and 9 months’ imprisonment. The authorities are to take into account the time you have spent in custody as part of your sentence.

Orders

1. The accused is convicted and sentenced to 3 years and 9 months imprisonment.
2. The authorities are to take into account the time already spent in custody in calculating his release date.

By the Court
Hon. Justice Howard Lawry PJ