Queen v Naigona [1966] SBMC 2; Criminal Case No.498.1966 (29 November 1966)

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

CRIMINAL CASE NO. 498/66

QUEEEN

v

CHARLES LUI NAIGONA

FINDING: Guilty
SENTENCE: 6 months 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)

Simple Larceny. Contrary to Section 254(1) of the Penal Code.

Particulars of Offence

Charles Lui Naigona, on the 21st day of November, 1966, at the Council Rest House Honiara, in the Central District of the Protectorate, did steal a radio valued at thirty dollars ($30), the property of Heman Haikiu.

(b)	of
(c)	(d)

W.B. Kiriau

(W.B. KIRIAU)

Sub-Inspector

Taken before me (e) )
the 29th, day of ) W. R. M. Low
November, 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 29th day of November 1966, under the Magistrates' Courts Ordinance, 1961 (No. 11 of 1961)

[Before W.R.M. Low]

Charge explained in English to accused, who understands.

Plea. Guilty.

Prosecution - S/Insp. Kiriau.

On the morning of 21st November at about 8 a.m., a man named Heman Kaikiu, who was living at the council rest house in Honiara, left his portable transistor radio on the table of his room. Then he left the house to go to the toilet. On returning to the house about 15 minutes later, he found the radio gone. He checked with all possible persons who might have taken for the radio, and failed to find his radio, so he reported to the police that day at 4 p.m.

On 28th November, at 3 p.m. the accused approached Headman Marcus Pipisi and asked him if he would like to buy a radio. The accused offered it at a price of eight dollars. The headman was suspicious of the low price, and, in explanation, the accused said that he had a fine to pay to the Magistrates Court, and wanted money quickly. The headman reported to a passing police corporal, who noted that the radio was similar to the one reported missing (accused attempts now to leave court, but is restrained). The corporal arrested accused, and brought him into custody, where he has been kept pending trial.

Accused has nothing to say.

Judgment:

This is a sorry story of a man being required to find money at short notice, and of his stealing something valuable in order to resell it.

The court is concerned by the member of cases of larceny of private property being reported to the police at the present time, and feels that this offence should be punished with some severity to deter others.

Finding: Guilty

Previous Convictions: 11, as on attached list (admitted).

Sentence: 6 months imprisonment.

W.R.M. Low