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R v Tekirawa [2022] SBHC 93; HCSI-CRC 651 of 2021 (25 November 2022)

HIGH COURT OF SOLOMON ISLANDS

IN THE HIGH COURT OF SOLOMON ISLANDS
CRIMINAL JURISDICTION

Criminal Case No. 651 of 2021

REX

V

BUAKE TEKIRAWA

Date of Hearing: 23 November 2022
Date of Decision: 25 November 2022

Mr. Andrew E Kelesi & Andrew Meioko for the Crown
Mr. George Gray & Hayniel Max for the Defendant

SENTENCE

Bird PJ:

1. This defendant was convicted by the court on the 21^st November 2022 for the offence of manslaughter contrary to section 199 of the Penal Code (cap 26). He now appears before me for sentence.
2. In this jurisdiction the maximum penalty for manslaughter is one of life imprisonment. Notwithstanding the maximum sentence, the court is empowered under section 24 (2) of the Penal Code (cap 26) to impose a shorter sentence depending on the peculiar circumstances of each case.
3. The facts of your case as found by the court are that you are the defacto husband of the deceased. You both reside at Niu Manda Village, West Gizo, Western Province. On the 18^th May 2022, you and the deceased argued about your having an affair with another woman. As a result, you left your home at Niu Manda and went to live with Tamia Kooki (PW1) at Titiana Village.
4. On the 22^nd May 2021, you and PW1 with two other men drunk kava at PW1’s house until the early hours of 23^rd May 2021. At about 4.00 am to 4.am on the 23^rd May 2021, you walked back to Niu Manda to see the deceased. You entered the room and you saw the deceased laying down with PW6. You used a cigarette lighter torch to identify PW6. You punched PW6 and he managed to escape from the room. You ran after PW6 but did not catch up with him. You went back to the house but the deceased was not there.
5. You then went to the District area and consumed island rum there. You continued to consume island rum with other boys in the area and went back to Niu Manda just before 12 noon. Upon arriving at Niu Manda, you saw PW6 and assaulted him again. PW6 escaped. You then walked to your house and saw the deceased preparing food at the kitchen. You went and sat close to her and cried. You then said to the deceased, “why did you do this to me”. The deceased replied you, “so what. When you saw me fucking that man, was it painful to you”? You grabbed the kitchen knife from the floor of the kitchen and stabbed the deceased at the back of her neck. The deceased ran into her grandmother and grandfather’s house and fell on her grandmother’s lap. She was covered in blood. She died from the stab wound a few minutes later.
6. You wanted to run after the deceased but you were blocked by her grandfather. You swore saying, kakai siti. You did not manage to go into the house and shouted, me doim wrong one time, but Areneti hem doim wrong three times”. You then left the area and ran away.
7. Having stated the facts in your case, it is submitted by the crown that there are several aggravating features in your case. The fact that you used a knife to stab the deceased is a serious aggravating feature. The wound caused by the use of the knife was fatal. Even with a single stab wound, the deceased had died within minutes. It is noted that the deceased was only 26 years old when she died. Her life was unnecessarily cut short through your action. It is further submitted by the crown that your offending could be seen to be very serious because it took place at your family home, a place where each person should feel the peace, security and tranquillity of the home. You have turned your home into a crime scene. It is so traumatic that the deceased had died in the presence of her grandparents. It is also submitted by the crown that the fact that you were intoxicated is an aggravating feature for you. Your being drunk is not an excuse to commit such horrific offence to your very own defacto wife. The deceased was your de facto wife and there are avenues available to both of you to sort your problem out. Getting drunk when you have a problem is not a solution. It will tend to make the situation worse. You should have been sober minded and be man enough so that you would be in a position to sort out the mess that you have created between you and the deceased. This should be a turning point in your life. Try and learn from the mistake that you did and you should also think about quitting alcohol.
8. On your behalf, it is submitted by your lawyer that you have no previous conviction and a person of previous good character. You are now 39 years old. You are a father of two young children. You have been remanded in custody since the 23^rd May 2021. To this date, you would have been remanded in pre-trial custody for a period of 1 year, 6 months and 2 days. That period of time will be taken into account in your sentence. It is further submitted by your lawyers that you inflicted a single stab wound on the deceased. Having said that, I wish to add that the single stab wound was most fatal to the deceased. The court had nonetheless held that you were provoked into committing the offence. It is further submitted by your lawyer that you have a chance of rehabilitation. With the type of attitude that you had in how you consumed alcohol, there is little chance for rehabilitation. Take that to heart and redirect your life for a better future for you and your two young children.
9. I have taken note of the facts of your case and I am of the view that the sentence that I shall impose on you will take home the message that the courts do not condone and will not tolerate such offending as the one you did. For the fact of your case, I will put your stating point at 7 years imprisonment. For the aggravating features discussed above, I will increase your sentence by 24 months. For the mitigating features, I will reduce sentence by 12 months. Total sentence to serve is one of 8 years imprisonment. I direct that the time spent in pre-trial custody is to be deducted from the total sentence.

Orders of the court

1. The defendant Mr Buake Tekirawa is hereby sentenced to 8 years imprisonment for the offence of manslaughter.
2. I direct that the time spent in pre-trial custody is to be deducted from the total sentence.
3. Right of appeal.

THE COURT
Justice Maelyn Bird
Puisne Judge