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Hemu v R [2020] SBHC 129; HCSI-CRC 262 of 2015 (6 October 2020)

HIGH COURT OF SOLOMON ISLANDS

IN THE HIGH COURT OF SOLOMON ISLANDS
CRIMINAL JURISDICTION

Criminal Case No. 262 of 2015

NICHOLAS HEMU

V

REGINA

Date of Judgment: 6 October 2015

Mr. Kwaiga for the Appellant
Mr. Phita for the Respondent

JUDGMENT

The appellant in this case is Nicholas Hemu. He was convicted of Malicious damage, contrary to section 326 (i) of the Penal Code. He was in the Magistrate Court for Malicious damage to an autopsy table the property of the Solomon Islands Government. The autopsy table was worth AUD$6,500.00 equivalent to SBD$39,658.32 in this country. He was convicted.

Agreed Facts

1. Around 11.00pm on 18^th of November 2013 Mr. Sam Igeni reported for duty at the National Referral Hospital in Honiara.
2. At about 12.30am on 19^th November 2013, Mr. Sam Igeni heard shouting outside the NRH car park area.
3. The person shouting was the Defendant Nicholas Hemu.
4. He appeared to be drunk.
5. He made his way to the Morgue and went inside.
6. Mr. Igeni heard something broken inside the morgue.
7. No one was inside the morgue at the material time except the defendant.
8. One of the defendant’s family members went over and pulled him away from morgue.
9. Mr. Igeni went after signing off from work and saw the post mortem basin was broken.
10. Later photographs were taken of the Autopsy table by police.
11. The cost of the Autopsy table was about AUD$6,500.00 equivalent to SBD$39,658.23.

The Appellant was convicted at Magistrate Court in Honiara on 20^th February 2015 on one count of malicious damage. He is yet to be sentence by the Magistrate who found him guilty of his offence.

It is the view of this court that the Magistrate should sentence the Appellant first before an appeal is filled in the court. That is the usual way. This court will return this case to the Magistrate to sentence Nicholas Hemu for his offence.

Order accordingly.

THE COURT
Hon Justice Francis Mwanesalua
Deputy Chief Justice