R v Wanda [2019] SBMC 39; Criminal Case 307 of 2019 (9 October 2019)

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

Criminal Case No. 307 of 2019

REGINA

-V-

SELWYN WANDA & HOSEA OLI

Dates of Plea: September 24^th, 2019
Date of Hearing: September 25^th, 2019
Date of sentence: October 9^th, 2019

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

SENTENCE

1. On 24^th September, 2019, both Accused Persons – Mr Wanda and Mr Oli entered guilty pleas a count each on House Breaking and committing felony contrary to section 300 (a) (2) of the Penal Code and Wilful and Unlawful Damage contrary to section 326 (1) of the Penal Code. They appeared from remand today because I remanded them after which I had informed them that an immediate custodial term is inevitable. I now deliver their sentence.
   
2. The facts reveal that on 6^th September, 2019 at about 9:00pm, the Accused persons were drinking kwaso and walked from Bibolo Area in Munda to Kokeqolo Community High School compound. They walked along the School’s corridor shouting and swearing; Mr Wanda hit the staff room door. The School Principal who was in his office attended to the Accused persons and talked to them to calm them down.
   
3. Mr Selwyn Wanda who was consuming Kwaso argued with the School Principal. They shouted slurs by saying these words in Roviana dialect, “gani tae sari titisa” in English would akin to meaning, “teachers should eat shit”.
   
4. The School Principal tried to control them and led them away. However, they refused to listen and instead proceeded to the Maths Department Office and kicked and punched the door. Thus, the pad locks on the door breaks open. They walked inside walked inside and kicked open another door. Thereafter, they proceeded and Mr Oli assisted Mr Wanda with a laptop, and he ran out of the door. When the School Principal Shouted at him to return the laptop, he instead turned and smashed the Laptop on an iron post along the classroom corridor. They then swore at the Principal and escape. The damaged laptop holds school documents, careers master’s programs, teaching and learning documents. The total cost of damage is $5,440.
   
5. The pertinent theme in this case is, the decaying respect, consideration and accountability towards school teachers and the educational institution in the Kokeqolo community. Closely connected to lack of parental teachings, or if they had received constructive parental teachings, then obviously extreme disobedience.
   
6. They are both young offenders who obviously from the same community around Kokeqolo, however, they did to see the significance of such educational institution in their slowly developing rural communities. There is no clear reason motivating them to do what they did other than the intoxication of Kwaso. A sad scene for the keen learners and children who will be affected from that valuable information in the damaged laptop.
   
7. The incident occurred in the night time around 9:00pm while they were both under the influence of illegal liquor; Kwaso. They had used force and their appearance together as two persons or in accompany of another aggravates the offending. They had victimised an institution which render teaching and knowledge to innocent children in their community, that is, the Kokeqolo Community School. I noted that this was an unprovoked act by the accused persons.
   
8. For the accused persons, there is no goodness, no prize, no praise and no indication of strength for destroying a school’s property and being disrespectful. In fact, it shows people who are sick in mind. Such conduct will only affect innocent children who are eager to learn things in school and ascend by the grade (Class) ladder to progress in life.
   
9. Kwaso is an illegal liquor for apparent reasons; it has no alcohol percentage and no guarantee by recognized health authorities that it is safe for human body. Kwaso is totally harmful for the human body. There were recent deaths of young people recorded at the Gizo Hospital and Honiara National Referral Hospital caused by Homebrew and Kwaso. Turn away from this substance because it does damage than good to the body.
   
10. Sit back and project the person both of you want to be in the future, do you want to be a kwaso drunkard or an irresponsible father to your children? Do you want to watch others become successful while you suffer the consequences of your past? No. So make good use of your young and energetic lives. Be a role model to the upcoming teenagers in the community.
    
11. Having averred the above and assessed the aggravating factors with the circumstance of offending, I placed their level of culpability on the mid-range. Accordingly, using the case of Reginam v Bade^[1] as beacon, I impose the following starting point:

Mr Selwyn Wanda

1. House Breaking contrary to section 300 (a) (2) of the Penal Code – 2 years’ imprisonment.
2. Malicious Damage Charge – 18 months’ imprisonment.

Hosea Oli

1. House Breaking contrary to section 300 (a) (2) of the Penal Code – 2 years’ imprisonment.
   

12. They both entered early guilty pleas which demonstrates acceptance for their wrongs, they were both genuinely remorseful for what they had done. Their pleas have reserves much of court’s time and other resources to proceed with a trial. Therefore, I provide the available 25% discount in case of Qoloni. I also deduct 4 months to consider their clean criminal record to recognize their past good behaviours. I also validate that they had reconciled with the school principal and accept to repay the amount for damages they have caused to the Kokeqolo Community High School, I agree that these indicates prospective self-rehabilitation measures on their part. Thus, further reduce 4 months.
13. Unfortunately, the letter written by Brian Bird, Leader and Founder of CBYMP, which was tendered by defence merely explains the Pastoral engagement program with Lodumaho youth and does not relate to the two accused persons, hence, cannot be used as a mitigating factor.
    
14. The resulting sentence are as follows:

Mr Selwyn Wanda

1. House Breaking contrary to section 300 (a) (2) of the Penal Code – 10 months’ imprisonment.
2. Malicious Damage Charge – 12 months’ imprisonment.
   

Hosea Oli

2. House Breaking contrary to section 300 (a) (2) of the Penal Code – 10 months’ imprisonment.
   

15. For Mr Wanda, the sentence for house breaking will run concurrent to that of Malicious Damage since both of them emanates from same set of facts or transaction.
    
16. The important message for them is they must now learn and embed the art of respect in their lives, towards everything around them, people and properties. Respect is the best guiding principle that will pave their way forward to live a positive life when they are released from custody.
    

Sentence Orders:

17. I hereby sentence both accused persons as follows:
    1. Mr Selwyn Wanda – 12 months’ imprisonment.
    2. Mr. Hosea Oli – 10 months’ imprisonment.
    3. The sentences to commence from date of first remand.
    4. 14 days right of appeal applies.
    5. Order accordingly.
       

THE COURT

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

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^[1] At Paragraph 6 of His Lordship’s Decision; “(6) for a normal burglary case the appropriate penaltynalty must be an immediate custodial sentence. Where the burglary is not aggravated in any way the starting point for an adult first offender should be two years imprisonment.”