R v Dona [2019] SBMC 30; Criminal Case 45 of 2018 (20 September 2019)

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

Criminal Case No. 45 of 2018

REGINA

-V-

NEIDEN DONA

Date of judgment: September 13^th, 2019
Date of hearing: September 18^th, 2019
Date of sentence: September 20^th, 2019

Ms. Patricia. Tabepuda for the Crown
Mr. Clifton. Meleu. Ruele for the Accused

SENTENCE

1. On or about 13^th September, 2019, the accused was found guilty after complete trial on the charge of unlawful wounding contrary to section 229 of the Penal Code (Cap. 26), accordingly, I entered conviction against him. I had reserved my reasoning for his sentence to today, I now proceed to deliver it.
   
2. The agreed facts tendered and favourable evidences during trial are accordingly embraced for courts consideration in paving the way to arrive at a fair and proper sentence.
   
3. It is part of the evidence that the accused used a small sized scissors to stab the victim’s right side upper chest or below his collarbone. It happened only once and there was no medical report provided to court to prove the extent of the wound (depth and width) and the amount of blood loss the victim suffered on the date of offence. There is nothing before me to suggest the force used or to explain how the accused did the stabbing, that is to say, whether he lifted his arm parallel on his chest to stab the victim or did he raised his arm away in a manner to imply his strength and explicable penetration on the victim’s chest.
   
4. While I accept the evidence of the victim regarding what the Doctor told him about his medical condition that is merely from himself and would be best assisted by the Doctor’s report or oral evidence, someone who is independent and expert in this field to give such expert opinion. To be frank, I am placed in an uncertain situation to glean on concrete evidence, hence, absence of which must tilt to the accused favour.
   
5. I noted that there was no argument or strangulation between the accused and the victim other than the words he uttered before the stabbing. In fact, the victim went over to him to calm him down after an argument he had with the club gate-keepers. They were friends and had no prior disputes or disagreement before the incident. Hence, it is clear to state that the accused action on the night of offence was mostly done in the heat of the moment and enthused by his intoxicated state of mind. For reason as explained above, I place his criminal culpability on the lower end.
   
6. I validate that he is a first offender, this is his first time to have a clash with the law. He is a married person and father to five children who all depend on him for financial assistance and support, plain to state, he is the sole breadwinner. I acknowledge the copy of reconciliation letter by Pastor Stephen Nunufana of Assembly of God Church, the letter was tendered to court by the defence and form part of the mitigation. The reconciliation letter confirms a payment of $1,000 as compensation to the victim.
   
7. Of course, as enunciated in numerous preceding cases, unlawful wounding is one of those serious offences in Solomon Islands under our Penal Code^[1], it carries a maximum penalty of five (5) years imprisonment. This only mirrors the intention of our lawmakers to condemn and denounce such conduct from happening within our country. I accept that the sentencing tariff for offence of unlawful wounding ranges from 12 months suspension to 4 ½ years’ imprisonment, until the Solomon Islands enact a Sentencing Act this sentencing range is still applicable and yet to be altered per results from recent cases.
   
8. I must acknowledge the case authorities provided by counsel for the crown and defence to assist the court in comparing and distinguishing their circumstances with the case at hand and to assist in arriving at an appropriate and justified sentence.
   
9. For most of the case cited, there existed medical reports to explain the extent of the injury and its seriousness. It involved people who were arguing or in some disagreement with each other and for some, it involved scuffle. It is also apparent that most of the cited cases are guilty plea matters. I remind myself that the fact that this is a sentence after full-trial, it should not unnecessarily increase any starting point, but should only forfeit the discount available in case of Qoloni^[2].
   
10. Having discussed the above, considering the aggravating factors, circumstance of offending and accused level of culpability. It is my respectful view that the starting point should be 2 years imprisonment.
    
11. I reduce 5 months to consider his past good behaviour which signifies that for the past 49 years, he has been a law-abiding citizen. I further reduce 3 months to consider his age and family circumstances being the sole breadwinner. I further reduce 5 months to consider the reconciliation and payment of compensation of $1,000 to the victim. Therefore, the resulting sentence is 11 months’ imprisonment.
    
12. I agree that this sentence would serve the purpose of both general and specific deterrence, so as to allow the community and the accused himself to understand his wrongdoing and turn away or make a counter-twist to his life’s steering wheel. Likeminded perpetrators and the general public must acknowledge the living presence of the rule of law^[3].
    

Sentence orders:

1. I hereby sentence the accused Mr Neiden Dona to 11 months imprisonment.
2. Sentence to commence from date of first remand.
3. Right of appeal applies within 14 days.
4. Order accordingly.

THE COURT

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MR. LEONARD. B. CHITE
Principal Magistrate

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^[1] (Cap. 26)
^[2] [2005] SBHC 73
^[3] At paragraph 24, R v Poloso [2019] SBMC 13; Criminal Case 324 of 2018 (22 February 2019)