Regina v Taniamae [2017] SBMC 32; Criminal Case 165 of 2016 (31 July 2017)

IN THE CENTRAL MAGISTRATE’S COURT )
OF SOLOMON ISLANDS )

(Criminal Jurisdiction)

Criminal Case No. 165 of 2016 and 232 of 2017

REGINA
-v-
JIMMY TANIAMAE

Date of Hearing: July 28, 2017
Date of Sentence: July 31, 2017

J. Namo for the defence
A. Maelanga for the prosecution

SENTENCE

1. You pleaded guilty to the following offences:
   
   1. One count of unlawful wounding contrary to section 229 of the Penal Code, and
      
   2. One count of escape from lawful custody contrary to section 125 of the Penal Code.
      
2. The victim of the unlawful wounding is your uncle. You all lived together at Zion area in east Honiara at the time of the incident. You got angry and attacked him with an object shaped like a baseball bat for having an argument with your mother over a piece of land at Zion. That took place on the night of 17^th March 2016. That baseball bat landed on his head and as a result, he fell down unconsciously in front of his own house. He sustained a head injury. That injury had to be sutured with 5 stiches at the National Referral Hospital. He was released after a day admission at the hospital and was given medical prescription for his recovery.
   
3. You were charged and bailed to appear at the Central Magistrate’s Court. You were given strict bail conditions. Whilst your case is still before the court, you did not attend and as a result, a warrant of arrest was issued for your apprehension. When police arrested you and brought you to the Central Magistrates Court vicinity pursuant to that warrant of arrest, you somehow escaped. That occurred on 28^th September 2016. That is the offending for your second charge.
   
4. You were 18 years of age at the time of the offending so you are no longer a juvenile.
   
5. In relation to the unlawful wounding incident, you attacked your uncle with the object as I have already described, shaped like a baseball bat. That is a weapon because it is capable of producing injury if used against another especially when the attacker is someone like you. You made it fulfilled the definition of a weapon under section 84 (6) of the Penal Code.
   
6. The decision you made to attack him with that weapon is unnecessary. Also, the manner you attacked him is clearly life threatening. You struck him in the head being a vulnerable part of his body. He immediately fell down and was unconscious in front of his own house after he was hit with that object. Even though you were angry with your uncle for having an argument with your mother and that may have been provoked you in some way, the law does allow you to attack him like the way you did. You should instead assist to calm down the argument since those who involved were your own immediate family members.
   
7. Furthermore, your decision to arm with the baseball bat in order to attack him is deliberate and intentional. You had to go find that bat, rushed to his house and struck him in the way you did.
   
8. That offending also occurred during the night. This definitely puts him in a dangerous position to defend him in person.
   
9. For the escape from lawful custody, your decision to escape from police when you were under arrest is unacceptable and also illegal. This shows you have little, if not, no respect at all towards the police officers. The police officers are state administrators of the law and order and are the agents of the state to carry out court orders. They have an important work to do in our country and therefore, you should respect them. That kind of attitude you exhibited is against the administration of justice and the rule of law in ensuring accused persons are brought to court to face justice. Those who want to remain defiant in the face of law would do what you did even when at the hands of police officers. This type of attitude is not acceptable and must be reflected in your sentence.
   
10. Those are the aggravating factors for both offences.
    
11. Cases like this where it involves a vicious attack on a person resulting in injury attracts custodial sentence. The community and the courts cannot condone such attitudes. People and more importantly, family members should learn to resolve their differences in a matured and appropriate way, other than through violence since often times, it may lead to other unforeseen and regrettable consequences. In future, you should consider resolving this issue in an appropriate and peaceful way if it resurfaces again other than resolving it in the way you did.
    
12. From the submissions advanced on your behalf, I take into account the following mitigating factors:
    
    1. You are a first time offender;
    2. You pleaded guilty plea to the charges; and
    100. You are very remorseful for what you did for the two offences.
         
13. I understand the victim for the unlawful wounding charge is your uncle and no doubt, your own family member. You have already reconciled with him following the incident and that your relationship is now in good terms. I also take into account your personal circumstances that you are a young person and currently, you are intending to pursue further studies at Don Bosco upon your release. Your family in one way or the other also depends on you for their survival.
    
14. In relation to your future education, I think you are just 19 years old and still in a young age. So I don’t see any problem for you to pursue and accomplish your future studies after your release for such offences like the present ones. So realistically speaking, there is still opportunity for you to fulfil your future education since these offences are just misdemeanors and they do not warrant lengthy imprisonment terms like murder for example.
    
15. Based on the reasons I have outlined, I sentence you as follows:
    
    1. One count of unlawful wounding contrary to section 229 of the Penal Code – 1 ½ year imprisonment.
       
    2. One count of escape from lawful custody contrary to section 125 of the Penal Code – 6 months imprisonment.

16. Order for both sentences to run consecutively since they occurred on separates dates involving different complainants. Therefore, a total of 2 years imprisonment is imposed. This sentence takes into account the delay to finalize this matter and the mitigating factors I have earlier on mentioned in your favor.
    
17. Times spent in custody is to be taken into account.
    
18. 14 days right of appeal applies.
    

..........................................................................................
THE COURT
Augustine Aulanga – Principal Magistrate