R v Laui [1987] SBMC 1 (9 February 1987)

IN THE CENTRAL MAGISTRATES' COURT

R

-v-

AUGUSTINE LAUI

9^th February 1987

K. Brown for the Defendant
T. Kama for the DPP

SENTENCE

The defendant has pleaded guilty to two counts one of Common Assault and other of Demanding money with menaces. The defendant has a record of offences for violence.

I accept Mr. Brown's submission that this case is different from other recent cases of demanding in that this was a 'one to one' situation, and the defendant was not armed.

However, the defendant did go looking for the complainant, having found him his demand was based upon the fact the Filia, a police officer, had been instrumental in the arrest of a person suspected of committing a serious crime. This aspect more than any other gives great concern to this court. A Police officer's duty is to bring those suspected of committing of offences before the Courts. Their job is difficult enough, with custom ties, and wantok relationships, this is even more difficult. Police Officers must uphold the Laws of the Solomon Islands and execute their powers and duties of their office honestly, faithfully, diligently, without fear or favour to any person, and without malice or ill-will to any person. If they are subjected to this kind of pressure by demands or assaults outside of work for doing their duty, law and order will not be maintained and the whole administration of justice will topple. Only a few week [sic] ago this Court stated:-

"Anyone who obstructs or interferes with the Police will lose their liberty."

This was in relation to a Police Officer acting in the course of his duty but the principle is the same of indirect interference or obstruction such as this case.

My sentence must reflected the seriousness of this offence and deter others from similar behaviour. This court wishes to make it clear that anyone committing a similar offence will receive an immediate custodial sentence.

I give credit for the defendant's guilty plea and I take into account that he is young and has a family.

Common Assault: 6 Months

Demanding: 18 months consecutive

JKR Stanford Smith
Magistrate