R v Rapa [2019] SBMC 37; Criminal Case 13 of 2019 (8 October 2019)

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

Criminal Case No. 13 of 2019

REGINA

-V-

MICHAEL TAIROA RAPA

Date of plea: August 2^nd, 2019
Date of hearing: September 13^th, 2019
Date of sentence: October 8^th, 2019

Mr. Bernice Tebitara for the Prosecution
Mr. Clifton Meleu Ruele for the Accused

SENTENCE

1. On the 2^nd of August 2019, the Accused – Mr Michael Tairoa Rapa, entered guilty pleas on the charges of Using Abusive words, Resisting Arrest and Escape from Lawful Custody, Drunk and Disorderly and Disorderly behaviour at the Police Station. Most of these are public offences which were done at the MSG area.
   
2. I noted that he was intoxicated during the commission of these offences. I would say that alcohol is not compatible with him. When he consumes alcohol he normally makes unwise decisions thereby prone to committing offences. The offences against RSIPF shows just how disrespectful he was towards police officer or the law enforcement agency in this Country. He needs some total counter-twist to the life’s steering wheel or he will one day suffer a hard consequence for such an ill-fated behaviour.
   
3. For all these offences, the sentencing tariff normally adopted by courts ranges from fines, suspended sentences to imprisonment. Hence, I agree to adopt the same to pitch the appropriate starting point.
   
4. For reason that these offences are repeated in nature or months from each other, I rule out fine or suspended sentence, that is to say, an imprisonment term is inevitable. Accordingly, I set the following starting point:
   1. Count 1 – Using Abusive words – 2 months’ imprisonment;
   2. Count 2 – Resisting Arrest and Escape from Lawful Custody – 8 months’ imprisonment;
   3. Count 3 – Drunk and Disorderly – 2 months’ imprisonment;
   4. Count 4 – Disorderly behaviour at the police station – 3 months’ imprisonment.
   5. Count 5 – Malicious Damage – 2 months’ imprisonment
      
5. I validate the following to be his mitigating factors:
   
   1. He entered guilty plea to the offences as charged, hence, I provide the 25% discount as available in the case of Qoloni v R, the guilty pleas have reserves courts funds and time not to run a trial. The pleas demonstrate acceptance of his wrongs and being remorseful.
      
   2. He is a first-offender and this is the first time for him to have a brush with the law. He has been a law-abiding citizen for the past 31 years.
      
6. Having assessed the facts and genuinely deduct the starting point with the apparent mitigating factors, I hereby impose the following final sentence:
   
   1. Count 1 – Using Abusive words – 1 months’ imprisonment;
   2. Count 2 – Resisting Arrest and Escape from Lawful Custody – 5 months’ imprisonment;
   3. Count 3 – Drunk and Disorderly – 1 months’ imprisonment;
   4. Count 4 – Disorderly behaviour at the police station – 2 months’ imprisonment.
   5. Count 5 – Malicious Damage – 1 months’ imprisonment
      
7. Since count 1 and 2 both happened on the same day and part of the same transaction, I order that they be served concurrently. For reason that 3,4 and 5 occurred in the same day and or part of the same offence, I order that they be served concurrently. Hence, two sets of offending be served consecutively. Therefore, the resulting sentence is 7 months’ imprisonment.

Sentence Orders:

8. I hereby sentence the Accused – Mr Michael Tairoa Rapa to – 7 months’ imprisonment
9. Sentence to commence from date of first remand.
10. 14 days right of appeal applies.
11. Order accordingly.
    

THE COURT

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