R v Maepio [2019] SBMC 27; Criminal Case 33 of 2019 (16 September 2019)

IN THE WESTERN DISTRICT MAGISTRATE’S COURT )
OF SOLOMON ISLANDS AT GIZO )
(Criminal Jurisdiction)

Criminal Case No. 33 of 2019

REGINA

-V-

ALFRED MAEPIO

Dates of trial: August 20^th, 2019 – August 21^st, 2019
Date of Judgment: August 22^nd, 2019
Date of sentence: September 16^th, 2019

Mr. Andrew. Ega. Kelesi for the Crown
Mr. Daniel Kwalai for the Accused

SENTENCE

1. On or about 22^nd August, 2019, I found the accused guilty after full trial on the charge of unlawful wounding contrary to section 229 of the Penal Code (cap. 26), hence, conviction was thereby entered. Matter came before sentencing and mitigation submissions and I reserved my sentence remarks for today, I now do so.
   
2. The agreed facts tendered during trial and evidences adduced are adopted for court’s consideration in making a fair and justified sentence. The facts and evidences are confined to particulars which relates to the wound on the victim’s left-side head (scalp).
   
3. Dr Pikacha’s letter and medical report has expressly outlined the extent of injury on the victim’s left-side head (scalp). The victim’s medical report reveals that on his Scalp there was a 10cm clean edge wound to the left temporal area, deep down to and injured the underlying scalp bone. Temporal artery severed^[1].
4. The accused and victim are first cousin brothers and their argument emanates from disagreement over logs. There had been some alterations done to the initials on the logs by the victim which angered the accused person. Putting aside who is the rightful owner, their actions were done in eagerness of sipping from the little monetary value that flows from it.
   
5. This is a clear case that demonstrates the significant drawbacks of logging industries in our rural communities. Apart from its little percentage entitled by the resource owners, it creates and harbor greed, division, violence and disharmony within families, leaders and communities.
   
6. I must clearly say that unlawful wounding is one of those relatively serious offences in our Solomon Islands Penal Code, carrying a maximum punishment of 5 years’ imprisonment. This maximum term depicts the stern intention by our legislators to abhor and despise such offending from happening in our rural communities and modern societies.
   
7. For this case, as revealed in the medical report and Doctor Pikacha’s letter, there was a nasty cut on the victim’s left-side head (scalp) and it was serious. This was so because the accused applied a bush knife on the victim’s left-side head. He was referred to Honiara National Referral Hospital and admitted there for few months.
   
8. It is irrefutable that the human head houses the most important organ of our human body, which is the brain being the control box. One of the many functions of the brain is to control the human cognitive role, thoughts, memory and speech, movement of arms and legs, and the function of many organs within our body^[2]. For this reason, it is only safe to state that any harm or injury to the head poses risks and threat to the normal function of the brain and overall, a human life.
   
9. I agree that the victim had to live with the scar on his head for his entire life. I noted that on that particular part of his head, hair growth is impossible. Hence, not only that the wound raises health risks but also affects his normal physical appearance, which in turn affects his self-esteem and how he will interact and socialise with others in the community compared to what was used to be before the incident.
10. I validate that the accused is a first offender being a law-abiding citizen for the past 30 years or so. He is a married person with 4 children. He is also the sole breadwinner in the family He had made payment of $500 as compensation to the victim and shook hands with him at the National Referral Hospital, this was when they were admitted there. The accused also suffered injuries on his right hand, lower lips and right posterior ear from the victim’s knife.
    
11. Cases in this jurisdiction have outlined the sentencing range for offence of Unlawful Wounding, which I wish not to re-emphasise on as counsels and the court are more familiar with for reason that it has been rehearsed most of the time and will continue until Solomon Islands enact a Sentencing Act. For clarity sake, the sentence ranges from 12 months suspended sentence to 4 ½ years’ imprisonment. Depending on the circumstance of the offending and level of culpability involved.
    
12. Having assessed the apparent aggravating factors and circumstance of the offending – that the accused was provoked by changing of initials on the logs and insults made against his grandfather by his cousins, including the victim. Supporting with the wounds suffered as a result of victim’s acts and weapon, weighing with his level of culpability. It is my respectful view that the starting point is 3 years’ imprisonment (mid-range). For reason that I now pitched the starting point at 3 years’, I now proceed to genuinely deduct it with the mitigating factors.
    
13. I reduced 4 months to consider his clean criminal history and 4 months’ reduction to reflect his personal circumstance, family and children. Further 4 months is deducted to consider his payment of $500 compensation. The total resulting sentence is therefore, 2 years’ imprisonment.
    
14. This sentence must serve as a personal and general deterrence so as to send a clear message to our communities that such attitude will never be tolerated by courts. Further, to also coincide with rehabilitation on the accused part that is to learn and turn away from such act, and more importantly to control his temper.
    
15. He must now understand the rule of law and the well-known maxim – to never take the law into one’s own hands. There are plentiful lawful avenues that are available to revolve issues or disagreements, but violence is never one of them. Learn to utilise one’s self-control, it is the only way forward to keep away from problems in this life we live in today.
    
16. For reason that weapon was used and the extent of injury on the victim per medical report appeared serious, I do not wish to entertain any sentence of fine or other monetary sentences. Hence, immediate custodial sentence is inevitable.
    

Sentence orders:

1. I hereby sentence the accused Mr. Alfred Maepio to 2 years’ imprisonment.
2. Sentence to commence from date of first remand.
3. Right of appeal applies within 14 days.
4. Order accordingly.
   

THE COURT

................................................
MR. LEONARD. B. CHITE
Principal Magistrate

---

^[1] PE 1
^[2] Brain Anatomy, Anatomy of the Human Brain – Mayfield Clinic, https://mayfield.com