Regina v Chen Yanting [2017] SBMC 28; Criminal Case 775 of 2017 (5 July 2017)

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

Criminal Case No. 775 of 2017

REGINA
-V-
CHEN YANTING AND LIN XINLUO

Date of Hearing: July 5, 2017
Date of Sentence: July 5, 2017

Ms. F. Fakarii for the prosecution
Accused persons appear in person

SENTENCE

1. The accused persons have pleaded guilty to one count of concealing goods contrary to section 214 of the Customs and Exercise Act. By pleading guilty to this offence, it indicates their willingness to receive any penalty to be imposed on them.
   
2. The maximum penalty for this offence is $2,000 or alternatively, the comptroller of customs may elect to treble the value of goods involved in the offending. The recent increase of the fine and the delegation of the authority to the comptroller of the custom to decide of the appropriate penalty for such offences clearly indicates the intention of the legislature to discourage or deter public from committing this offence in Solomon Islands When we speak of the public, it also includes citizens from other countries that are charged with an offence whilst in Solomon Islands. Therefore, those who decide to come to Solomon Islands must abide to follow and adhere to our state laws and regulations.
   
3. As the facts of this case revealed, it involves concealing of gold in a total amount of 585 grams wrapped in an elastic strap and hidden under their cloths. In my view, the offending involves preplanning and a deliberate decision to deceive the customs officers. The failure to declare the gold, the wrapping of the gold in the elastic strap and concealing it under their cloths showed only persons who wanted to deceive the customs officer would do that. It was fortunate through the use and help of technology that the golds were detected.
   
4. Also, they do not have any permit for export and hence, their actions in trying to take abroad this product - gold, being a regulated product in Solomon Islands without a license did not only defy the state laws and regulations but can be seen as an act of cheating the government of Solomon Islands to bypass the need to pay for license before one can lawfully export abroad this regulated product.
   
5. Those who come to Solomon Islands are expected to follow and comply with our domestic laws and regulations. They should not try to be above the law when they here. Any person accustomed of doing this illegal activity back in their home countries must know that when you arrive in Solomon Islands, you are expected to leave that baggage or throw away that type of attitude upon arrival. Otherwise the message from this court is simple and straightforward – a deterrent message will be imposed on those who are minded to commit this type of offence regardless of whether or not the offender is a citizen.
   
6. I treat them as first time offenders and the fact that they had entered guilty pleas to this offence which save so much of the court’s time and resources. The sentence that I will impose must not only reflect their personal and mitigating factors, but must able to send the message to the public that it is important not to conceal any goods upon arrival or when leaving the country otherwise, they will be punished in the same way.
   
7. Since section 214 only provides for fine, I hereby sentenced each of them to a fine of $2000 payable before close of business today. In default, 3 months imprisonment. Order that the 585 grams confiscated by the Customs Officers be forfeited to the state and be disposed or sold in a manner deems appropriate by the Customs Department.
   
8. Order accordingly.
   

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THE COURT

Augustine Aulanga – Principal Magistrate