R v Rauio [2025] SBHC 37; HCSI-CRC 146 of 2019 (26 March 2025)

HIGH COURT OF SOLOMON ISLANDS

Case name:	R v Rauio
Citation:
Date of decision:	26 March 2025
Parties:	Rex v Mathew Rauio
Date of hearing:	20 March 2025
Court file number(s):	146 of 2019
Jurisdiction:	Criminal
Place of delivery:
Judge(s):	Keniapisia; PJ
On appeal from:
Order:	Mr. Mathew Rauio I convict you for unlawful wounding premised on your guilty plea and summary of agreed facts. I released you at the rising of the court noting that you have served 4 years and 6 months in pre-trial detention. That is your punishment for the unlawful wounding offence.
Representation:	Ms Rehomora and Ms Cleven for the Crown Mr Waroka for the Defendant
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IN THE HIGH COURT OF SOLOMON ISLANDS
CRIMINAL JURISDICTION

Criminal Case No. 146 of 2019

REX

V

MATHEW RAUIO

Date of Hearing: 20 March 2025
Date of Sentence: 26 March 2025

Me Rehomora and Ms Cleven for the Crown
Mr Waroka for the Defendant

VERDICT AND SENTENCE-REASONS FOR ORDERS

1. On 17/03/2025, Director of Public Prosecution (DPP) filed a Nolle Prosequi to withdraw the original count of murder against Mr. Mathew Rauio of Nembene village, Utupua Islands, Temotu Province. The other accused who was jointly indicted in the original count for murder is Nathaniel Babwe. Both were indicted way back in the year 2018.
2. On the same day DPP filed further amended information. Mathew Rauio and Nathaniel Babwe were again jointly indicted for a new count of unlawful wounding. The DPP was having difficulties prosecuting the murder indictment and was engaged in negotiations with the defence on this circuit, resulting in the lesser indictment for unlawful wounding filed by further amended information on 17/03/2025.
3. Mr. Mathew Rauio appeared before me on 20/3/2025 to answer to the new indictment of unlawful wounding. I arraigned Mathew Rauio. He entered a guilty plea. The other co-accused Nathaniel Babwe could not travel from Utupua. He is very old and weak to travel on the boat. He is around 80 years old. Mr. Mathew Rauio is about 75 years old and still strong to travel across the ocean.
4. I heard sentencing submissions from the prosecution and defence. The maximum penalty for the lesser offence of unlawful wounding is 5 years. Mr. Mathew Rauio had spent 4 years and 6 months in pre-trial detention from May 2018 – November 2022, at Rove. This is almost 5 years in detention for the original murder indictment.
5. I considered the comparative sentence terms for similar offences the crown cited to me. The sentences imposed ranged from 2 years to 5 years.
   1. I ordered Mr. Rauio to be released at the rising of the court on 20/03/2025, upon pronouncing a guilty verdict premised on his guilty plea and summary of agreed facts. Whatever sentence I will impose, after the start point sentence, aggravating and mitigation factors, I cannot go beyond 5 years. Whatever sentence I will impose will range from 2 to 5 years at the most. Hence, it is pointless to go through the normal sentencing considerations. The 4 years and 6 months, that Rauio served in remand is adequate punishment for the lesser offence of unlawful wounding.
6. Mr. Mathew Rauio I convict you for unlawful wounding premised on your guilty plea and summary of agreed facts. I released you at the rising of the court noting that you have served 4 years and 6 months in pre-trial detention. That is your punishment for the unlawful wounding offence.

THE COURT
JUSTICE JOHN A KENIAPISIA
PUISNE JUDGE