Regina v Mani [2016] SBMC 31; Criminal Case 887 of 2016 (28 November 2016)

IN THE CENTRAL MAGISTRATE COURT )
OF SOLOMON ISLANDS AT HONIARA )
(Criminal Jurisdiction)

Criminal Case No. 887 of 2016

Regina

-v-

Junior Michael Mani

Prosecution: Mr. Mosese of Police Prosecutions (PPO)
Defence: Accused in person
Plea date: November 25, 2016
Sentence: November 28, 2016

SENTENCE

1. Accused Junior Michael Mani pleaded guilty to the following charges:
   
   1. Assault on police officer contrary to section 190 of the Police Act 2013; and
      
   2. Offensive behavior in police premise contrary to section 193(c) of the Police Act 2013.
      
2. He comes from Anofiu village in east Kwara’ae region in Malaita Province. He is single, a first time offender and a 21 year old young person. Although his parents were living in Honiara, he lived under the care of his grandmother at Kaibia area in Central Honiara at the time he committed the offences.
   
3. The brief facts of this case revealed that on 23^rd November 2016, the accused was held in custody at Central Police Station over a suspected damage of a vehicle incident at Kukum area. He was locked up inside a cell called Common Room1. He was manned by a police officer named Desmond Neil.
   
4. At about 1:10pm, the accused woke up and whilst he was still drunk, he ordered that on duty police officer to release him from the cell. He was behaved in a disrespectful manner when he insisted for police to release him from the cell. Despite Desmond politely responded to him that he would attend to him as soon as he is free from other suspects that were also remanded, he instead disagreed with his response and started to climb the cell. Realizing that he won’t get out of the cell, he then used his hands to punch and push the door and even kicked it to show his frustration. During the course of slamming the cell door, he then swore at Desmond saying “fuckem iu, iu fuck ass”. This made Desmond came to him and opened the door to warn him not to swear at him as the duty police officer. When the door was opened, he grabbed the officer’s left hand and pulled him into the cell and punched him with his right hand and landed on his chest. He then continued to punch and kick his lower back several times. Desmond managed to push him back into the cell and that was the time he escaped further assault from the accused. Despite he had been warned not to behave disorderly and was conscious that he had assaulted the on duty police officer, he continued thereafter to behave inappropriately inside that cell.
   
5. It is obvious from these facts that the assault was carried out on an on duty police officer inside the Central Police Station. This is an action of disrespect to a police officer at its highest. The accused’s punched and kicked the police officer several times. The assault is repetitive in other words. Also, he slammed the cell door several times despite he had been warned not to do so.
   
6. The accused ought to know that police officers are State administrators of law and order in our country. They are tasked with important duties in the interest of public. Some of them are preservation of peace, protecting lives and property, maintaining security and safety of individuals in our communities and arresting of offenders believe to commit crime. The importance of their roles and duties is not only recognized by the legislation but also the court.
   
7. In the High Court case of Fafunua v Regina^[1], Palmer CJ, stated the need to respect police officers as follows:
   

“Police Officers are rentatives of the StateState in the administration of the rule of law and should be respected when they arrive at any scene of crime. They must be allowed to perform their duty in ensuring that and normality is restored ored whether it be in a public place a privatrivate home. They are mediators of peace, under strict duty and discipline, and are extensions of the arm of the People in so far as law and order is concerned. They have no persagendinterest to fulfifulfil when attending a crime scene aene and thre sore should never be treated with hostility. They are there to keep the peace and protect life, limb and property...........An immediate custodial sentence must be expected when any police er is attacked”<221;^[2]

8. I agree with this view and oblige to uphold it in my sentence. Hence, the court will not easily tolerate any offending when it involves an attack on police officers during the course of performing their duties.
   
9. Despite the need for deterrence, I have observed his demeanor in court that he was very remorseful and had apologized to the police and even the Court for what he did. By his remorse, he now realized his own wrongs and will learn from this mistake as what ordinary people normally do. It is my view that his actions were fueled mainly because he was drunk at that time. Further, given his young age and youthfulness, I am also of the view that he was not matured enough to think about its likely consequences while he behaved disorderly or inappropriately at the police station and assaulted the police officer.
   
10. The charge of assault on police officer carries a maximum penalty of 50,000 penalty units or 5 years imprisonment or both and the charge of Offensive behavior in police premise has maximum penalty of 2,000 penalty units or two months imprisonment.
    
11. I sentence him as follows:
    
    1. Assault on police officer contrary to section 190 of the Police Act 2013 - 1 year imprisonment
       
    2. Offensive behavior in police premise contrary to section 193(c) of the Police Act 2013 – 1 month imprisonment.
       
12. I order that both sentences will be concurrent. Given the lack of medical report to show the extent of the harm suffered by the victim, I order the concurrent sentence of 1 year imprisonment will be fully suspended for a period of 1 year effective as of the date of this sentence.
    
13. The accused is warned not to commit any new offence(s) within this suspended period. This suspended period will be reinstated if the accused commits any new offence during this suspended period. He is to be released forthwith from custody at the end of the pronouncement of his sentence in order to serve his suspended sentence.
    

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Augustine Aulanga – Principal Magistrate

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^[1] [2004] SBHC 131
^[2] At page 4