Queen v Solomon [1966] SBMC 1; Criminal Case No. 499.1966 (2 December 1966)

IN THE MAGISTRATE'S COURT FOR THE CENTRAL DISTRICT
BRITISH SOLOMON ISLANDS PROTECTORATE
CRIMINAL JURISDICTION

CRIMINAL CASE NO. 499/66

QUEEN

v

BEN SOLOMON

FINDING: Guilty
SENTENCE: One year's imprisonment.

CHARGE
(Criminal Procedure Code § 76)
(Complaint by Public Officer)

IN THE MAGISTRATE'S COURT FOR THE CENTRAL DISTRICT
BRITISH SOLOMON ISLANDS PROTECTORATE

FIRST COUNT

Statement of Offence (a)

Criminal Trespass

Contrary to section 182(2) of the Penal Code.

Particulars of Offence

Ben Solomon on the 30th November 1966 at Honiara in the Central District of the Protectorate did by night enter the curtilage of the dwelling house occupied by Sister Biggar without lawful excuse.

(b)	of
(c)	(d)

W.B. Kiriau
(W.B. KIRIAU)
Sub Inspector

Taken before me (e) )
The 1^st day of ) W. R. M. Low
December 1966 ) Magistrate

(a) Insert offence naming Ordinance or other enactment and section contravened.

(b) Insert name or names of accused and brief particulars of offence in ordinary language.

(c) Where there is more than one count, add further counts as necessary.

(d) Signature of complainant with rank.

(e) Strike out if not made on oath.

NOTE: If a second sheet is necessary the signature will appear at the bottom of the second sheet only.

IN THE MAGISTRATE'S COURT FOR THE CENTRAL DISTRICT
BRITISH SOLOMON ISLANDS PROTECTORATE

Held at Honiara on the 2^nd day of December 1966, under the Magistrates' Courts Ordinance, 1961
(No. 11 of 1961)

[Before W.R.M. Low]

Charge explained in English to accused. He understands.

Plea: Guilty.

Prosecution

S/Insp. Kiriau. "Sister Biggar lives in quarters of the Central Hospital. Accused Ben Solomon at about 11 p.m. on 30th November was seen by the police trying the door of the kitchen of Sister Biggar's house. Finding that the door was locked, he came round to the bedroom door and tried it. Then he tried a verandah door, and looked in the bedroom window. The police then went to him and asked him why he was there. He was then arrested for criminal trespass. Sister Biggar was at the time on night-duty in the Central Hospital.

Accused had come to the hospital area by canoe and had landed opposite the sisters' quarters. Sister Biggar stated that she had not asked accused to come to the area. Accused was therefore taken into custody and charged with the offence of criminal trespass."

Accused:

"I had been drinking beer, and didn't know what I was doing."

Judgment:

Accused works in Honiara, where he has been for many years. He is married, but his family is in Malaita. His work is domestic, in Chinatown. He is aged about 30.

The offence of "creeping" in Honiara is reaching dangerous proportions, and the number of cases reported in the Hospital Area is very high. By landing on the beach at night from a canoe to get access to private quarters, accused has added a degree of intent to his crime; which is unusual. The court rejects his excuse that he did not know what he was doing because he was under the influence of drink. A severe punishment is necessary, both to correct this offender, and to discourage others.

Finding: Guilty.

Previous Convictions: 8, as on attached list, all admitted.

Sentence: One year's imprisonment.

W.R.M. Low