R v Mani - Sentence [2005] SBMC 8; CMC 391 of 2005 (9 June 2005)

IN THE CENTRAL MAGISTRATES COURT
OF THE SOLOMON ISLANDS

Case No 391/2005

R

-v-

SIMON MANI

Before Deputy Chief Magistrate K F Chapman

9 June 2005

Mr S Cooper for the DPP
Ms Bird for the Defendant

SENTENCING

The Charges

(As per judgment)

The facts

(As per judgment)

Comments on the offence

The assaults committed on each of the complainants are not at the higher end of the scale and in my view do not warrant imprisonment.

As to Counts 3 & 4 these in my view are to the higher end of the scale and imprisonment is an option, which should properly be considered. These are serious offences and should be dealt with firmly.

Penalty

The Maximum penalties are as follows: -

Count 1
Imprisonment for 5 years

Count 2
Imprisonment for 1 year

Counts 3 & 4
$1000 fine or imprisonment for 2 years or both

The personal circumstances of the offender

The defendant has four school aged children who need his support

Prior offences

The defendant has a previous record

Mitigating and aggravating facts

In my view there are no mitigating factors. The defendant put the complainants to trial and at the trial was an unreliable and untruthful witness. He suggested that Ms Manira brought her complaint out of spite. I do not accept that. The fact he has children who need his care is regrettable. In a sense they are victims of his actions as well.

Totality of the sentence

The various incidents happened close in time but were distinct and separate and should properly incur a penalty, which reflects that.

Sentence

Count 1

As assaults occasioning bodily harm go this is at the lower end of the scale as is the bodily harm suffered and in my view a modest fine is an appropriate penalty having taken all of the circumstances into account.

Fine of $500 to be paid forthwith. In default 3 months imprisonment to be served cumulatively on any sentence he may already be serving.

Count 2

This assault is also at the lower end of the scale.

Fine of $100 to be paid forthwith. In default 1 month imprisonment to be served concurrently on Count 1.

Count 3 & 4

The use of a firearm immediately following an actual assault with the firearm pointed at the victim at close range accompanied by the words spoken by the defendant is a serious offence and a fine in all of the circumstances is simply inadequate. In my view imprisonment is required.

Imprisonment of 18 months on each Count with the term on Count 3 to be served cumulatively on the default period in Count 1 and the term on Count 4 to be served concurrently on Count 3.