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R v Faiga [2024] SBHC 169; HCSI-CRC 378 of 2018 (23 October 2024)

HIGH COURT OF SOLOMON ISLANDS

IN THE HIGH COURT OF SOLOMON ISLANDS
CRIMINAL JURISDICTION

Criminal Case No. 378 of 2018

REX

V

JUNIOR DAVID FAIGA

Date of Sentence: 23 October 2024

Vaike S for the Crown
Kwalai D for Junior David Faiga

SENTENCE

Maina PJ:

1. You, defendant Junior David Faiga have pleaded guilty and convicted on two charges:

Count 1 - Arm robbery contrary to 293 (1) of the Penal Code
Count 2 - Common Assault contrary to 244 of the Penal Code.

2. You have involved in the incident with Ben Farobo, Nathaniel Eric Junior and Stanley Ramo and that the court had dealt with the charges against them. They all pleaded guilty, convicted and sentences on the individual on the charges of arm robbery contrary to 293 (1) of the Penal Code.

Agreed facts

3. On 18^th January 2016, at about 8am, you defendant Junior David Faiga met up with Nathaniel Eric Junior and Stanley Ramo at con street Point Cruz. Ben Farobo arrived with a white tinted glass car and three of you boarded drove around Central Bank and back to the BSP Bank (former Wespac Back) and stopped there.
4. You and your friends stopped and watched out for the complainant Wilson Deng, a Chinse National to drive in. Deng drove in and packed in front the Kai bar and he got out from his vehicle with a brown carton sealed with the tape around it.
5. The Carton contains one million dollars ($1,000,000.00) and consist of $800,000.00 in 100s and $200,000.00 in 50s for deposit at the BSP bank.
6. As the complainant walked towards the bank with the sealed carton, Stanley Ramo out from the car and ran to the complainant followed by Nathaniel Eric Junior and Junior David Faiga who was armed with a bush knife while Ben Farobo sat and waited in the car.
7. Stanley Ramo grabbed the carton from the complainant. Complainant kicked Ramo but he fell. A second time complainant kicked Ramo but he fell down again.
8. During the struggle, the complainant dropped the case with the money and Junior David Faiga grabbed the carton with money and threw it in the car.
9. Nathaniel Eric Junior and Stanley Ramo got in the car and Ben Farobo drove off to escape but Junior David Faiga was left behind and later escape from the scene.
10. Junior David Faiga and other Defendants shared the money among them but Police recovered $2,000.00 from Junior David Faiga.
11. Junior David Faiga was armed with the bush knife and used to whip the complainant with it.

Penalty

12. The offence under section 293 (1) of the Penal Code is felony and is serious offence with the maximum penalty of liable to life imprisonment. With the common assault contrary to section 244 of the Penal Code, the maximum penalty of liable to imprisonment for one year.

The starting Point

13. As stated in my sentences for the other defendants, this case is serious noting from the facts of the case.
14. The starting point of sentence is set in the case of Selo v Regina^[1] on the bank robbery and starting point is 15 years imprisonment.
15. Counsel Vaike for Crown in the submission stressed aggravating features of the case:
    • (i) Defendants had planned their actions and aimed at the victim when came to the bank with a box of cash money to deposit at the BSP bank.
    • (ii) This defendant Junior David Faiga was armed with a bush knife and waited with others for complainant to arrive at the bank and when the complainant arrived at the bank, the defendant with his colleagues attacked the complainant they took the money from him.
    • (iii) The offence was committed in the commercial area with businesses and people and the defendants were armed with bush knife.
    • (iv) Defendant Junior David Faiga assaulted the complainant by whipping him with the bush knife.
16. Crown counsel submitted that this defendant has no previous conviction.
17. Counsel Vaike referred his co-defendants who was earlier sentenced by me on the same facts that they appealed against the sentences to the Court of Appeal in appeal case of Nathaniel v R^[2] when the appeal court upheld the sentence of 15 years for Eric Nathaniel Junior, 14 years for Stanley Ramo and reduced the sentence of Ben Farobo from 15 years to11 years as he played lesser role in the incident and was the driver of getaway car.
18. Counsel Vaike submitted that defendant Junior David Faiga should be considered with sentence between the ranges of 12 – 15 years.
19. Defence Counsel Kwalai in his submission for the sentence noted these as aggravating factors:
    • (i) Defendant was armed with a bush knife at the time of the offending which he whipped the complainant with.
    • (ii) Defendant was amongst other accused who stringed with the complainant to remove the money
    • (iii) Premeditation
    • (iv) Many people were in the public
20. Counsel Kwalai submitted that Junior David Faiga has no previous conviction and has pleaded guilty on the charges against him. He is very remorseful for his unlawful action.
21. Defence Counsel in his submission stated that the accused guilty plea and that saves the court’s resources, prosecutions and defence time to give evidence and be cross-examined. Counsel made reference to the case of Tii -v- Regina^[3].
22. As for the mitigation, Defence Counsel also submitted the difficulty of accused Junior David Faiga’s childhood days. His father was in prison and just pardoned in and around 1994/1995. During that time, this defendant was raised by his uncle and he faced a lot of challenges in life.
23. For personal/family circumstances, he is married with 4 children and he was the sole breadwinner for his young family.
24. The fact of the case shows clearly how this offence took place. It was a well-planned attack on the money carriers to the bank. The other defendants with accused Junior David Faiga fought with the complainant and they took the money and ran away from the complainant. During the struggle the complainant, you Junior David Faiga whipped the complainant with the bush knife.
25. The other defendants Nathaniel Eric Junior and Stanley Ramo boarded a getaway car driven by Ben Farobo and escaped with the money.
26. As with the others defendants, you Junior David Faiga had involved in the attack to the complainant your acts in the incident had achieved your gangs aims to take the money from the complainant which eventual your gang took the money and ran with it.
27. I give you credit for the guilty pleas and take into account in this sentence. For the matters raised by your counsel in mitigation, it is noted and also taken into account the sentence.
28. In your submission for sentence, I noted that you acknowledged the seriousness of this offending and as plainly stated in the aggravating features submitted by your defence counsel.
29. Your behaviour and acts with the bush knife to the complainant and being in the public place at Point Cruz. You whipped the complainant with the bush knife when you and your gang struggled to take the money from him.
30. You were armed with that bush knife at the place and time with intention to attack the complainant and caused fears to the public raises a serious unlawful act on your part.
31. Taking into account the facts of the case, submissions of both the Prosecution and defence, the circumstances or method of executing the robbery and assault which you had involved in, it is my view that appropriate sentence for you is imprisonment.
32. I hereby sentence you, Junior David Faiga on the offences of robbery to 14 years imprisonment and common assault to 8 months imprisonment

Orders of the Court

1. The Defendant Junior David Faiga is sentence on:

Count 1 - 14 years imprisonment,

Count 2 -8 months imprisonment

2. Count 2 to be served concurrently with count 1,
3. Sentences to commence from the day the defendant were taken into taken or remanded in custody for the case,
4. Right of appeal against the sentence
5. No further orders

THE COURT
Honourable Justice Leonard R Maina
Puisne Judge

^[1] [2017] SBCA 17; SICOA-CRAC 9003 of 2017 (13 October 2017)
^[2] [2023] SBCA 32, SICOA-CRAC 9001 of 2023 (13 October 2023)
^[3] [2017] SBCA 6, SICOA-CRAC 14 of 2016