HIGH COURT OF SOLOMON ISLANDS

Case name: 	R v Maelafia	
		
Citation:		
		
Date of decision: 	25 October 2019	
		
Parties: 	Regina v William Maelafia 	
		
Date of hearing: 	30 August 2019	
		
Court file number(s): 	21 of 2019	
		
Jurisdiction: 	Criminal 	
		
Place of delivery: 		
		
Judge(s): 	Mwanesalua DCJ	
		
On appeal from:		
		
Order:	The Defendant is accordingly sentenced to serve five years imprisonment from the date of this sentence. Order accordingly 	
		
Representation: 	Ms F M Fakarii for the Crown 
Mr. B Ifuto’o for the Defendant	
		
Catchwords: 		
		
Words and phrases:		
		
Legislation cited:	Penal Code, s266	
		
Cases cited:		

IN THE HIGH COURT OF SOLOMON ISLANDS
CRIMINAL JURISDICTION

Criminal Case No. 21 of 2019

REGINA

V

WILLIAM MAELAFIA
Accused

Date of Submission: 30 August 2019
Date of Sentence: 25 October 2019

Ms F M Fakarii for the Crown 
Mr. B Ifuto’o for the Defendant 
SENTENCE
	The Defendant in this case has pleaded guilty to one count of grievous harm under Section 266 of the Penal Code. This crime is a felony which carries a sentence of fourteen years imprisonment.
	The victim was a former spouse of the Defendant. The victim was living at Feraladoa Settlement in Honiara when the Defendant committed the crime on 7th January 2017.
	The Defendant stubbed the victim while she was about thirty three weeks and four days pregnant. The baby was removed from the victim’s body but died on 8th January 2017 at 5.45am after six hours after its birth.
	The Defendant suspected that the victim had become pregnant from a sexual relationship from another man.
	The Defendant is a private engineer. He had been contracted to World Vision and had worked in different provinces. He was arrested and remanded in custody since 9th January 2017.
	The Defendant is serious. It involved a pregnant woman. He is accordingly sentenced to serve five years imprisonment from the date of this sentence. Order accordingly.
THE COURT
Hon. Justice Francis Mwanesalua
Deputy Chief Justice