R v Manu [2020] SBMC 7; Criminal Case 1 of 2019 (27 March 2020)

IN THE MALAITA DISTRICT MAGISTRATE’S COURT )
OF SOLOMON ISLANDS AT AUKI )
(Criminal Jurisdiction)

Criminal Case No. 01 of 2019

REGINA

-v-

JOHN MANU

Date of hearing: March, 24^th, 2020
Date of sentence: March 27^th, 2020

Mr. Geoffrey Angi for the Prosecution
Mr. Oxley Limeniala for the Accused

SENTENCE

1. On 24^th March 2020, Mr. John Manu (“Accused”) has entered a guilty plea on a count of Unlawful Wounding contrary to section 229 of the Penal Code (Cap. 26). I now formally register conviction on his own plea. The reading of facts is dispensed with as he agreed to its totality. Today is the reasoning for his sentence.
   
2. The agreed facts discloses that on the 5^th of December 2018, between 1:30pm and 2:30pm at Maoro village, Central Kwara’ae in the Malaita Province. The victim namely; Jeffery Kahate’e having spoken with the accused Father to slaughter their pig for school closing program, then walked to the piggery.
   
3. As the victim was in the process of slaughtering the pig. The accused who was standing beside the victim, suddenly strike the victim with a bush knife he was holding. The victim lifted his hand in defending himself, which resulted on the knife landed on his right palm which caused laceration to the injured area.
   
4. The victim was taken to kilu’ufi hospital where he received medical treatment and got admitted.
   
5. The medical report prepared by Dr. Philip Mathew Notere stated as follows:-
   
   • (i) Patient in pain and discomfort at his left palm.
   • (ii) Deep Laceration of 11cm in length and 3cm depth.
   • (iii) Wrist involving outer artery and tendon. Bleeding profusely during surgery.^[1]
     
6. The accused had admitted to inflicting the wound on the victim’s left palm after which he saw the victim slaughter his pig. Interestingly, both the victim and the accused went together to the piggery after the accused Father gave permission to prepare the pig for school closing feast. In his allocutus he stated that he was unhappy that the victim killed the pig without paying for it.
   
7. It is acknowledged that the accused person used a bush knife to inflict the injury on the victim’s left palm. It was an unprovoked act done on an innocent and defenceless victim who was merely there to prepare the pig for school closing feast.
   
8. It is evident that the accused person has prior history of psychiatric illness and had underwent medical treatment in 2014 as per the National Psychiatric Clinic’s record. He occasionally has issues and would normally react to noises and upon seeing blood.
   
9. It is quite peculiar to fathom his motive for reason that his reaction was obviously unusual and out of proportion. Although a pig is significant in Malaita Province and attracts higher value, this is a pig which was arranged to be killed and prepared by the victim. He was merely acting on instruction to prepare food. Adverse interests such as stealing and removing without payment is not an issue. There is nothing to suggest that the victim killed the pig on his own accord nor to remove it without permission. Hence, to have used a knife to inflict a wound on the victim for this reason is somewhat off beat. I would’ve thought a high level of anger is essential to trigger such quick reaction, which apparently is lacking in his case. This is indeed strange, which allows the Court to lean to consider his medical condition and whether or not it might have added to his reaction on the date of offence.
   
10. Unlawful wounding is a serious offence which attracts an imprisonment term of 5 years as the registered maximum. The applicable tariff for this offence ranges from 12 month’ suspended sentence to 4 ½ imprisonment^[2], however, cases are judged on their own prospects and circumstance, and that no two cases are the same.
    
11. For what I have mentioned in paragraph 9 above, I could only agree that his level of criminal culpability is to be settled in between the lower and mid-range or moderate scale.
    
12. In case of R v Tome^[3] this is a guilty plea matter. The facts stated that the victim swore and kicked the Defendant, the Defendant retaliated and stabbed him with a knife in return. The injury inflicted was not serious, the wound described as shallow and the victim recovered fully from it. The Court imposed a 24 months’ imprisonment. Defendant was released at the rising of the Court having spent 17 months in remand.
    
13. In case of Regina -v- Asuana^[4], the accused was convicted and sentenced to 12 months’ imprisonment. It was a nasty and serious attack on a relative. The accused stabbed the victim nine times, five of which were in the victim’s back. By powers of review vested on the higher court, His Lordship Ward CJ (as he then was), quashed the sentence imposed by the Magistrate and imposed two and half years’ imprisonment.
    
14. In R -v- Gere^[5], the accused pleaded guilty to unlawful wounding by using a knife to stab the victim on the chest. The victim spent eight days in hospital before discharge. The court imposed 18 months’ imprisonment.
    
15. In R -v- Sitana^[6], the court sentenced the accused to two years’ imprisonment for slashing a person on the face and neck with a bush knife, resulting in the victim being hospitalized.
    
16. In R –v- Korato^[7], the accused was sentenced to 8 months’ imprisonment. Facts stated that the victim first punched the accused with his right hand closed fist. The accused fell onto the kitchen veranda, got gold of a kitchen knife, turn and stabbed the victim onto his backside. The victim sustained injury to his backside and was transported to Gizo Hospital. The medical report showed the wound was 3 cm in length and 1 cm in depth.
    
17. In R –v- Omea^[8], the accused person pleaded guilty to a count of unlawful wounding. The facts are that the accused and the victim both drank alcohol at the accused person’s residence. The victim swore at his wife and acted disorderly, so the accused tried to talk to calm him down. Instead went into his vehicle reversed and hit the accused water tank. An argument broke out and the victim punched the victim on his left eye. When the accused fell on the ground, the victim then kicked him on his left side eye. The Accused person got up, got hold of a bush knife and swung it towards the victim’s face, which landed on his nose. He sustained few laceration and was taken to Kilufi Hospital the same night. The significant mitigating factor is provocation. The Court imposed 10 month’s imprisonment.
    
18. In R –v- Siosi^[9], This is a guilty plea matter. The accused approached him with a bush knife and told him to reimburse his $500, which he paid to the victim for a tree. Subsequently, an argument erupted between these two parties. During the course of argument, the accused then with his right hand, used the bush knife and strike it on the victim’s upper left leg between the hip and thigh. As a result, the victim sustained an injury and was assisted by relatives to the Clinic where he received eight (8) stitches on a 2 x 6cm wound on his left leg area. He was sentenced to 16 months’ imprisonment.
    
19. These above cases only describes the Court’s denouncing approach and attitude against this offence. I acknowledge Counsel Limeniala for providing the recent case authorities to help the Court in gauging and pitching the appropriate starting point.
    
20. Having assessed the totality of facts, taking into account the gravity of offence and the aggravating factors. I see it fitting to impose a starting point of 26 months’ imprisonment.
    
21. His action was not triggered by any external use of alcohol or drugs or pre-planning. It was a spontaneous act out of non-payment of pig attached with his psychiatric illness which has amplified to shadow his clear conscious mind into reacting the way he did.
    
22. When I consider risk to life and or vulnerability of the injured area, it is apparent to state that the left palm is less vulnerable and susceptible to further health risks compared to if it was on the neck or head. There are no precise evidence as to whether a vein is injured or not. I only noted that the victim is now fully recovered and no eminent loss of function to the left fingers.
    
23. I give credit for his early guilty plea which I accept to render full discount of 25% or 6 months’ imprisonment. His appearance in Court during arraignment speaks volume of his remorse and acceptance to his wrongs. I further reduce 2 month’s to consider his past clean criminal history and his cooperation with the police during his arrest. There has been reconciliation and payment of compensation of $1,750.00 to the victim which I see it appropriate to deduct further 4 months’ imprisonment. The resulting sentence is therefore, 14 months’ months’ imprisonment.
    
24. I do agree that his health condition might have added to his reaction, this will explain his spontaneous act on the victim that day of offence. He has history of psychiatric illness which was confirmed by Dr. Rex Maukera. For this reason, I see it appropriate to further deduct 2 months’ to consider this factor.
    
25. The accused person must take this sentence as a teaching for him, basically for him to always control his anger and channel his disagreements in a peaceful and lawful way acceptable by our communities, churches and the law. He must now stand strong against his illness to fight against whatever urges he might have due to his mental health issues. To assist this, the Court also rally behind him for a change and for him to start accepting treatments and medication to regain his proper status and best self.
    
26. I have faith in him that he can recover and be a leader of this nation one day. He is a young person with a huge life ahead to explore. He needs to believe in himself that he can achieve his future goals if he remains firm with strong motive to recover and do well. Now is the time to also allow divine intervention if need be, because all works of life hinge on our divine savior.
    

Sentence Order

1. I hereby sentence the accused Mr. John Manu to 12 months’ imprisonment or 1 year imprisonment.
   
2. Sentence to commence from date of first remand or to be backdated to date of initial remand.
   
3. Right of appeal applies within 14 days.
   
4. Order accordingly.
   

THE COURT

................................................
MR. LEONARD. B. CHITE
Principal Magistrate
Malaita District Magistrates Court

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^[1] Medical Report dated 5^th of December 2018
^[2] R v Korato [2019] SBMC 11; Criminal Case 4 of 2019 (20 February 2019)
^[3] [2017] SBHC 102; HCSI-CRC 504 of 2016 (28 November 2017)
^[4] [1990] SBHC 106
^[5] [1981] SBHC 6
^[6] [2009] SBHC 57
^[7] [2019] SBMC 11
^[8] [2020] SBMC 1; Criminal Case 82 of 2019 (27 January 2020)
^[9] Criminal Case 119 of 2019