Regina v Wikiloni [2011] SBMC 12; Criminal Case 468.2001 (20 September 2011)

IN THE CENTRAL MAGISTRATE COURT

Criminal Case No. 468/2001 & 235/2011

REGINA

vs.

JIMMY RIKILONI

Date of Hearing: 14th September 2011
Date of Sentence: 20th September 2011

Prosecution: PC Akwai
Defence: Mr A. Kesaka

SENTENCE

(1) You pleaded guilty to the following matters:

- Case no. 235/11

- Larceny from person (Ct1)

- Common assault (Ct2)

(2) Facts

Count1:

- On 8/1/2011, in the main street in Honiara opposite the Central Market you picked the victim's purse containing $100 (SBD)

- You were seen by the public and the victim and he approached you and asked you to return his purse and you denied stealing the purse.

- The victim saw you put the purse in front of your trousers.

- The matter was reported to police and there was no recovery.

Count 2:

- The victim Charles Rafeasi was eating his food on 19/1/2011

- You approached the victim with 2 other persons and asked him for food.

- The victim did not respond and walked away.

- You got angry and pulled out a catapult and loaded it with a pebble and shot the victim.

- The stone hit the victim on the right hip causing sharp pain.

- matter was reported to police and you were charged.

(3) Case No. 468/2011

Intimidation (Ct1)

Possession of weapon (Ct2)

Facts:

- On 5/3/11, the complainant Gideon Rueraho displayed his things beside DJ Graphics bus stop.

- You approached the complainant and collected all the items without asking or saying anything to him and walked across to the Central market.

- The complainant followed you and asked you to return all the items to him but you refused.

- Thereafter you became aggressive and pulled out a kitchen knife measuring 25cm and threatened to stab the complainant.

- The complainant was frightened and ran to the other side of the road where he was selling his items.

- You followed the complainant and you continued to argue with him about some stolen items –

- a police vehicle drove pass and stopped and intervened and you were apprehended and the knife was confiscated.

(4) You have a total of 9 previous convictions. The previous convictions are as follows:

6/05/2008	Honiara MC Larceny from a person Three (3) months imprisonment. All charges concurrent for 3 months
6/05/2008	Honiara MC Malicious damage Four (4) months imprisonment.
6/5/08	Honiara MC Robbery Six (6) months imprisonment
6/5/08	Honiara MC Larceny from a person Three (3) months imprisonment.
7/5/08	Honiara MC Simple larceny B/over for 12 months with the sum of $200 keep peace and good behaviour
24/7/08	Honiara MC Store breaking 18 months imprisonment, 6 months suspended 12 months to serve, all sentences to run consecutive, a total of 28 months imprisonment, or 2 years 4 months
24/07/08	Honiara MC Receiving stolen property 4 months imprisonment.
24/7/08	Honiara MC Robbery 18 months imprisonment, 6 months suspended 12 months to serve

(5) You were sentenced to a term of 28 months imprisonment on 24/7/08 and you were released from prison in December 2010 and you committed the 1st offence within days of your release.

(6) You are 20 years of age – and single and have had education up to class 2 and before you were sent to prison for 28 months on 24/7/08 you were residing with your parents at Burns Creek. When you went to prison your parents returned home to Malaita and have continued to live there.

(7) Your counsel informed me the population in that Burns Creek comprises of people who were victim of the last ethnic tension and that this area is notorious for criminal activities and you were influenced by your peers as early as 2008 to participate in criminal activities and have acquired 9 previous convictions over a short period of time.

(8) Your Counsel also informed me that when you committed all these offences when you were drunk.

(9) Your Counsel has informed me that you intend to return to Malaita to live with your parents as your presence in Honiara is getting you into more trouble. He has further submitted that as part of the sentence I should make an order that you should return to Malaita and relied on the case of R v/s Robert Madeo Criminal case No. 492/2004. In that case Brown J said as follows:

"If I could I would direct that he remain in Auki for a period of years for I am of the view that these dishonourable police officers should not be allowed to mix about Honiara which affords them influence yet, by virtue of their previous status and rank. Time and distance is needed to rid the force of any such destabilizing influence.

I would suggest he remain away from Honiara for a period of at least 5 years. He should be of greater use and influence in his own civil community if he were to use his experience, education and knowledge for the betterment of his family and that community."

Under the Constitution of Solomon Islands an individual is entitled to his liberty and he can choose to live wherever he likes I do not have powers to make order that you go and live in a particular part of Solomon Islands as that would be unconstitutional

(10) You pleaded guilty to all these matters and for that I shall give you credit.

(11) You have been in custody since 17th August 2011.

(12) I have explored all sentencing option and unfortunately I have no option but to impose an immediate custodial sentence. You are sentence as follows:

Case No. 235/11

Ct1:	Larceny from person – 14 months imprisonment backdated to 17/8/11
Ct2:	Common assault – 6 months imprisonment to be served concurrently with Count 1.

Case No. 468/11

Ct1:	Intimidation – 12 months imprisonment
Ct2:	Possession of weapon - 6 months

- I order that count 2 shall be served concurrently with Count 1 and all the sentences in this case shall be served concurrently with the sentence in Case no. 235/11. The total sentence that you will serve is 14 months imprisonment backdated to 17/8//11

(13) -Since you are intending to return to Malaita I would be ask the prison authorities to make arrangement for you to serve your sentence at Auki Prison where you will have continued visit, assistance and support from your family.

(14) I order that the weapon shall be forfeited to the State and be destroyed

Shafi Khan
Principal Magistrate