R v Ninamu [2019] SBMC 31; Criminal Case 207 of 2019 (20 September 2019)

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

(Criminal Jurisdiction)

Criminal Case No. 207 & 301 of 2019

REGINA
-v-
FERGUSON NINAMU

Ms. Trisha Korokini for the Prosecution
Mr. Clifton Meleu Ruele for the Accused

Hearing date: September 18^th, 2019
Date of Sentence: September 20^th, 2019

SENTENCE

1. On or about 18^th September, 2019, Mr. Ninamu (“accused”) entered guilty pleas to offences of Consumption of Liquor in a parking vehicle contrary to section 66 (b) of the Liquor Act. I proceeded and entered conviction on him based on his own guilty pleas. This is the reasoning for his sentence.
   
2. The facts are agreed by both the Prosecution and defence, as such, I adopt it in its totality to assist my reasoning. For the offence of Consumption of liquor in parking vehicle, I agree a fine sentence would be appropriate in such a case. For the Domestic violence case involving physical abuse on the victim who is his own dear wife.
   
3. It is unclear what really started the issue between the accused and the victim which led to the assault. I can only gather from facts that he assaulted the victim by punching her left-side cheek and as a result caused swollen and a slight laceration. The particulars of the charge stated that he grabbed the victim’s hair and dragged her around several times. This is the charge he pleaded guilty to, hence, indicated agreement to this particulars.
   
4. I noted that during arraignment in court, the victim and child were both present in court which is a clear indication of forgiveness and acceptance to allow the accused back into the home and for them to make positive change in their domestic relationship or courtship.
   
5. I must say that, courtship is a very unique bond, it merges two different souls together and because of this, we are subject and susceptible to challenges in life, by trying to understand and accede to the other partner. Often times we may have thought that our individual view is correct and should form part of the final decision or conclusive and not accepting any views from the other, but this is incorrect, we accept to be with each other that is why that bond is fixed with two persons and not one, so be open minded and accept thorough discussions which potentially can lead to healthy marriage.
   
6. Of course, relationship or marriage so to speak, is subjected to many challenges in life, but we cannot always rely on violence and anger to settle issues or counter-challenges, that will only make it worst. The best way might be to accept such challenges and face it head on. For some of the challenges, it is humanly created, we crafted it our own. We create an issue when we behave improperly, going out with friends and alcohol when we have our family at home and expect to come back with open arms and food on the table, this is not correct – clearly the views of the other partner is stifled. We men are the ones who would normally take advantage of our strength to show power and superiority over women, again this is where we create our own challenges.
   
7. Involve in church, sporting, work and other activities that will bring positivity into our homes and pride to our family. Alcohol and other cronies will not help you when you come into contact with the law or when you face challenges in life, they are only their for temporary pleasure, but your family will be the one with you through storm and bliss, thick and thin so start to make a change now and do the best for the family, not violence.
   
8. I noted that your actions were unprovoked and you assaulted someone you ought to love, care and cherish ‘The love of your life’. Do not treat her as a mere object that you can easily take out your anger on but one that you would work along with smoothly to build your marriage further.
9. I noted the reconciliation letter written by Rev. Beckily Kahui of United Church Gizo, this is a stellar letter on the accused behalf, thus, he must now act to reflect what is stated and not merely use it to impress the court. That letter holds weight and if breached, it is not the human law to punish him but God himself who will hold him accountable.
   
10. I validate his early guilty pleas which demonstrate remorse and acceptance for his wrongs. It saves the courts time and resources to call his own wife who would possibly change her story during trial for his benefit (as usually the case in domestic violence case). He stood up for his actions for which I must commend. He is a first offender and although married with a child, He is still a young person who have a lot to learn and explore in life.
    
11. Having assessed the circumstance of this case, aggravating factors and level of culpability balancing with the mitigating factors, I impose the following final sentence:
    
    • (a) Consumption of liquor in a parked vehicle – Fine of $800
    • (b) Domestic violence (physical) abuse – 8 months’ imprisonment.
      
12. For reason that there is a strong reconciliation letter and the victim and child both appeared in court to signify the importance of the father (accused) in the family, I am bound not to shy aware from such silent pleas. Hence, gives the accused a second chance to make things right. Accordingly, I invoke section 44 of the Penal Code and suspend the 8 months’ imprisonment wholly for 2 years, on condition that he must not recommit this offence or commit any further offence within the time prescribed. Breach of this condition will warrant reinstatement of the term suspend should he be found guilty of subsequent offence.

Sentence Orders:

1. I sentence the accused Mr Ferguson Ninamu as follows:
   • Consumption of liquor in parking vehicle - $800 fine, fine must be paid to court by 4:30pm on 11^th October, 2019. In default 40 day’s imprisonment.
   • Domestic violence (physical Abuse) – 8 months’ suspended sentence for 2 years.
   • Both sentence to run consecutively, that means he has to pay the fine on required date.
   • Right of appeal applies within 14 days.
   • Order accordingly.
     

THE COURT

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MR. LEONARD. B. CHITE