Regina v Laufalu [2017] SBMC 49; Criminal Case 921 of 2013 (5 October 2017)

IN THE CENTRAL MAGISTRATE’S COURT
OF SOLOMON ISLANDS

CRIMINAL JURISDICTION

Criminal Case No. 921 of 2013 and 874 of 2017

REGINA
V
EDDIE LAUFALU

Date of sentencing hearing: October 2, 2017
Date of sentence: October 5, 2017

Mr. I. Tebakota and J. Teula for the prosecution
Accused in person

SENTENCE

1. This matter is consolidated with his other criminal matter for purposes of convenience for his sentence.
   
2. The accused, Eddie Laufalu, pleaded guilty to the following charges:
   
   • (a) assault causing actual bodily harm contrary to section 245 of the Penal Code;
     
   • (b) criminal trespass contrary to section 189 (1)(a) of the Penal Code; and
     
   • (c) consumption of liquor in public place contrary to section 65 of the Liquor Act.
     

Assault Causing Actual Bodily Harm

3. The assault charge is one of the charges founded on the same set of facts to the wilful and unlawful damage charge that he had already been sentenced by Principal Magistrate Mr. Seuika on the 27^th of November 2015 from which he had already served 12 months imprisonment. Thu, any sentence to be imposed for this offence, it must run concurrent to the sentence for that malicious damage charge.
   
4. For efficacy purposes, I therefore sentenced him to 12 months imprisonment for this charge. However, since he had already served 12 months in jail for the malicious damage charge, in my view, the sentence for this offence has already been served on the basis of concurrency. If that is the only charge, he should now be released forthwith at the rising of the Court. However, he has other charges pending sentence.
   

Criminal Trespass and Consumption of Liquor in Public Place

5. The maximum penalty for criminal trespass contrary to section 189 (1)(a) of the Penal Code is 3 months imprisonment. The maximum penalty for the consumption of liquor in public place contrary to section 65 of the Liquor Act is a fine of $2,000 or 3 months imprisonment^[1].
   
6. For the criminal trespass charge the facts revealed that on 14^th of April 2017, the accused climbed the fence and entered the compound of Chungwah School. A security officer together with other securities who looked after the school saw him and approached him. The accused realised he was being approached and so he tried to escape. However, he was captured around that same area and was brought to police.
   
7. In relation to the consumption of liquor in public place, he on the 3^rd of June 2017 was seen causing disturbances to the fish market vendors at the Central Market in Honiara. Whilst at that area, he was also seen drinking from a 550ml container containing kwaso. He was arrested and charged by police for that incident.
   
8. The actions of the defendant on those two occasions although not planned were inappropriate and disrespectful. School compound should be respected because it is the learning institution or environment for students to learn and develop their knowledge. It should be respected.
   
9. Also, the market area should be respected as well. Drinking kwaso at the Central Market in Honiara seemed to be uncontrollable and like a hobby to certain individuals like the accused herein. Market places should be respected because it is where the public would go to do marketing and buy food. When we speak of public, we refer to all categories of people and nationalities. Therefore, it should not be confused as one’s private backyard for drinking purposes or exhibiting of nonsensical behaviours. There are many entertainments centres in town where the accused should go to and have fun, rather than to swagger around the fish market and boasted him to the vendors with his nonsensical behaviours.
   
10. I take into account his guilty pleas, being a family man with three children and for being remorseful. However, he is not a first time offender.
    
11. I also take note of his concerns about his family’s means of survival is now at stake following his incarceration as he is the only one who provides food for them. Perhaps in future, the accused should choose what is best for his family - whether to find and drink kwaso so that he will end up in court or to find food for his family and settle down as a mature man with family responsibility. I will leave these questions for him to answer.
    

Sentencing Orders

12. I sentenced him as follows:
    
    • (a) Criminal trespass contrary to section 189 (1)(a) of the Penal Code – 1 month imprisonment.
      
    • (b) Consumption of liquor in public place contrary to section 65 of the Liquor Act – 2 months imprisonment.
      
13. Both sentence will run consecutively.
    
14. A total of 3 months is imposed. Period spent in custody is to be taken into account.
    
15. Right of appeal applies to any aggrieved party.
    
16. Order accordingly.
    

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THE COURT
Augustine Aulanga – Principal Magistrate

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^[1] See corresponding term in the Penalties Miscellaneous Amendments Act 2009