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R v U'upw [2018] SBHC 77; HCSI-CRC 306 of 2017 (11 May 2018)

HIGH COURT OF SOLOMON ISLANDS

IN THE HIGH COURT OF SOLOMON ISLANDS
CRIMINAL JURISDICTION

Criminal Appeal Case No. 306 of 2017

REGINA

v

WENDY ROSE U’UPW

Date of Hearing; 1 December 2017
Date of Decision: 11 May 2018

Mrs. Jenny Namo for Appellant
Mr. F. M. Fakari for Respondent

JUDGM ENT

Mwanesalua, DCJ: The appellant appeal against sentence imposed on her by the Magistrate Court on 21st June 2017. The appellant pleaded guilty to six counts of false pretence, under section 308 of the Penal Code and five counts of obtaining credit by false pretence, under section 309 of the Penal Code.

The learned Magistrate imposed sentences as set out in the following table:

Counts Offences Amounts Sentence Concurrent/Consecutive

1 False Pretence $10,000.00 14 months Concurrent

2 False Pretence $1,000.00 6 months Concurrent

5 False Pretence $3,000.00 12 months Consecutive

6 False Pretence $500.00 3 months Concurrent

7 False Pretence $1,500.00 6 months “

8 False Pretence $300.00 1 month “

10 Obtaining credit by false pretence $600.00 3 months “

11 Obtaining credit by false pretence $1,500.00 6 months “

12 Obtaining credit by false pretence $2,000.00 6 months “

13 Obtaining credit by false pretence $500.00 7 months “

14 Obtaining credit by false pretence $5,000.00 8 months “

TOTAL $25,000.00 62 months

= 5 .17 years

The appellant appealed against the total sentence imposed on the following grounds;

1. The Learned Magistrate failed to properly consider the structure of the concurrent to the consecutive terms in sentence.
2. The sentence imposed was manifestly excessive.
3. The Learned Magistrate failed to properly consider the totality principle.

This court has considered the concurrent and consecutive sentences imposed by the Magistrate Court. The total sentence which the appellant should have served is two years ten months from 21st June 2017. Order accordingly.

THE COURT
....................................
Hon. Francis Mwanesalua
Deputy Chief