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Regina v Sina [2016] SBHC 188; HCSI-CRC 200 of 2015 (19 October 2016)

IN THE HIGH COURT OF SOLOMON ISLANDS
Criminal Jurisdictional

CRC NO. 200 of 2015
Regina
v
Moses Aeua Sina

Date of Hearing: 18^th October 2016
Date of Sentence: 19^th October 2016

Counsels for the Crown: Ms Olutimayin with Mr Anisi
Counsel for the Accused: N. Galo

SENTENCE

Kouhota PJ:

The accused, Moses Aeua Sina, was originally been charged with murder contrary to section 213 of the Penal Code. However, before the trial commences, the Prosecution withdraws the charge of murder and lays an alternative charge of Manslaughter.

You pleaded guilty to the charge of Manslaughter and was convicted on your own plea.

The brief facts were that on the 24^th April 2014, you returned to your house in the early hours of the morning and found the deceased with your wife in your bedroom. When you arrived, you went into your bedroom and saw the deceased hiding in the corner of the room covered with a blanket. When you pulled the blanket from the deceased, he attacked you. You ran to the door and you blocked it to prevent the deceased from escaping but he attacked you with a knife. You disarmed him and then stabbed him two times at the side of his chest. The deceased died as a result of one of the stab wounds.

In considering the appropriate sentence to impose, I take into account the submission of counsel and bear in mind both aggravating and mitigating factors pointed out by both counsels. I take into consideration the cases referred to by counsel on the principle of sentences adopted by this court and the Court of Appeal for the offence of manslaughter.

I give credit to you for pleading guilty to the charge at the earliest opportunity and for previous good character. I also take into account that you cooperated with the police in their investigation and that your family had paid compensation to the deceased family and had since reconciled. All these shows that you are remorseful and prepared to bear the consequence of your action.

I note your personal family circumstances especially that you had three young children to care for after your wife had left after that incident.

I also note that you stabbed the deceased with a small knife after he attacked you with a knife. When you found the deceased with your wife in your bedroom, he did not just escaped but attacked you, he was adding insult to injury. You had acted in the spur of the moment under extreme provocation which had caused you to lose self-control and stabbed the deceased which resulted in his death.

Unlawfully causing death is a serious offence which carries a penalty of life imprisonment, however, the sentence the courts will impose will depend on the circumstances of each case. In your case, bearing in mind all the circumstances of your case, I consider the appropriate sentence I will impose on you is 4 years imprisonment with time spent in custody be counted as part of the sentence.

IRA.

The Court
Emmanuel Kouhota
Puisne Judge