Regina v Sabale [2018] SBMC 12; Criminal Case 1 of 2018 (18 May 2018)

IN THE CENTRAL MAGISTRATE’S COURT
OF SOLOMON ISLANDS

CRIMINAL JURISDICTION

Criminal Case No. 1 of 2018

REGINA

V

FRANCIS WILSON SABALE

Date of Hearing: May 15, 2018
Date of Verbal Sentence: May 17, 2018
Date of written Sentence: May 18, 2018

Mr. J. W. Zoze for the prosecution
Mr. D. Kwalai for the defence

SENTENCE

1. On 27^th December 2017 at around 6:15pm, the accused, Francis Wilson Sabale arrived at their family house at Haroro village in the Central Islands Province and saw his mother preparing food for dinner.
   
2. His mother gave him food served in a pot but he threw it on the ground. At this stage, he was getting angry. His mother saw him angry and walked away.
   
3. He went to the kitchen, took a fire and set it to the extension wall of that kitchen. Flames engulfed and spread to the roof. Part of the roof was burnt and damaged. 8 rows of sago palm leaves were damaged.
   
4. Fortunately, two persons came and put off the fire with water.
   
5. It is an agreed fact that the kitchen was made of sago palm leaves and bush materials.
   
6. The complainant is the elder brother of the accused. He said that the accused was very important member of their family in terms of gardening and building their house. He further said that the accused disagreement was due to lack of financial support from his family and hence, he showed that by setting fire to the kitchen.
   
7. It is urged by the defence that the kitchen was partly burnt and that the roof have been repaired or replaced already. Since the accused and the complainant were blood brothers and taking into account the nature of the offending, a sentence of less than 2 years suspended sentence should be the appropriate sentence.
   
8. The prosecution stressed the seriousness of the offence, the un-provocative nature of the offending, the lack of respect on the part of the accused to his brother as the complainant and the fact that the offence occurred at night as aggravating factors. Therefore as said by the prosecution, a custodial term of about 2 years is appropriate.
   
9. Whilst it is acknowledged that arson is a very serious offence, the overall nature of this offending involved only burning of 8 rows of sago palm leaves. The kitchen was not totally destroyed or burnt down. It would be a different scenario if the entire kitchen was destroyed in the fire.
   
10. Further, the other important consideration is the fact that the damaged part of the roof of the kitchen was made of thatched and bush materials which were replaced already as submitted by the defence. This is not a case that involves valuable materials such as iron roofing so that the value of the destroyed items would be a material issue for the court to consider to ascertain whether or not the complainant suffered any permanent material or financial loss of property.
    
11. In light of the facts of this case and the nature of the offending, it is my view that a starting point of 2 years imprisonment is appropriate. After considering the aggravating and mitigating factors, this 2 years imprisonment will remain unchanged.
    
12. However, this term will be partially suspended pursuant to section 44 (1) (b) of the Penal Code in that 4 months and 18 days of this term will be served in prison while the remainder of the term be suspended on the condition that he is to be of good behaviour and must not be charged with any new criminal offence for 12 months.
    
13. If he breaches this condition, he will be called upon to serve the balance of his term forthwith.
    
14. Since he had spent 4 months and 18 days in custody, I order that he is to be released forthwith at the rising of the court to serve the remainder of his term.
    
15. Right of appeal applies.
    

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THE COURT

Augustine Aulanga – Principal Magistrate