Home | Databases | WorldLII | Search | Feedback High Court of Solomon Islands

R v Longa [2021] SBHC 71; HCSI-CRC 433 of 2017 (13 April 2021)

HIGH COURT OF SOLOMON ISLANDS

IN THE HIGH COURT OF SOLOMON ISLANDS
CRIMINAL JURISDICTION

Criminal Case No. 433 of 2017

REGINA

V

BRIAN JIMMY LONGA

Date of Sentence: 13 April 2021

Counsel
Olutimayin R for Crown
Holara M R for Defence

SENTENCE

Maina PJ:

On the 13^th 7^th 2020 2012, the Director of Public Prosecutions filed a Nolle Prosequi in respect of an Information alleging one count of murder against BRAIN JIMMY LONGA. The Director then filed an Information alleging one count of manslaughter against the accused.

The Defendant BRAIN JIMMY LONGA pleaded guilty to the amended Information on one count of manslaughter contrary to section 199 of the Penal Code for unlawfully caused the death of Raymond Gela. The incident occurred at GIPPOL 2 Road junction North East Guadalcanal, Guadalcanal Province.

Facts

The deceased was about 60 years old and lived with his family at Suina village, Tau area, Tasimboko, North East Guadalcanal before he died.

The incident occurred on Saturday 15 April 2017 at the junction of GIPPOL 2 that leads to the Oil Palm mill.

Both the accused and deceased were drunk when they met at the junction of GIPPOL 2 that leads to the Oil Palm mill. The deceased started the problem when he told or made a comment of words to the defendant “you want to be smart”.

It was then when the defendant and deceased grabbed each other and struggled with hits and scratches each other. They fell on the ground and the accused punched and kicked the deceased on the forehead and face. He also punched the deceased on his right cheek close to the jaw and used the same right hand to elbow the deceased’s mouth and face. The deceased then fell on his back buttock and the back of his head.

This incident between the accused and deceased resulted to the death of the deceased Raymond Gela.

An Autopsy

The Autopsy on the deceased’s body was done on 18^th April 2017 at the National Referral Hospital.

The external examination revealed that the right upper jaw had four sites of fracture and the lower jaw had three.

On internal examination there were haemorrhage under the scalpel of the right temporal region. The neck spine (back neck) was fractured and the lung was congested with fluid.

The doctor’s opinion is that the deceased died from blood loss as a result of multiple jaw fractures. The blood loss resulted in inadequate blood supply to the major organs i.e. heart, brain and lung which result to the deceased’s death. The fracture of the neck spine could also contribute to his death. In the multiple jay fractures, one of the possible causes of death was airway obstruction due to aspiration of blood into the airways

The abrasion on the left elbow, back and buttock indicated that he may have sustained these when fell.

The court

The words of the deceased “you want to be smart” by its context should be provoking and insulting, in particular to drunkard persons as the defendant. The same may be said by the drunkard out of his mind.

However, whether the accused was drunk or he has been provoked by another drunkard person, that person commits a crime. For this case it is manslaughter contrary to section 199 of the Penal Code. It is so as taking away a life of person is in fact a great sin according to the Bible and that is a matter between you and our Almighty God, but here it is a crime and the court will deal with you.

I noted the numerous cases on sentence for manslaughter provided by both counsels and take them into account in the sentence for the accused in this case.

You had unlawfully caused the death of Raymond Gela at GIPPOL 2 Road junction and upon considering the facts, your mitigation and the extent of the injury on the deceased as stated in the medical report, you deserve 5 years imprisonment for this offence.

Orders of the Court

1. BRAIN JIMMY LONGA is sentence to 5 years imprisonment
2. Period spent in custody on remand to be deducted from this sentence
3. No further orders

THE COURT
Justice Leonard R Maina
Puisne Judge