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Regina v Rongodala [2006] SBHC 2; HCSI-CRC 468 of 2004 (10 February 2006)

HIGH COURT OF SOLOMON ISLANDS

Criminal Case No. 468 of 2004

REGINA

-v-

MARCUS RONGODALA

(Mwanesalua, J.)

Hearing: 8th February 2006
Judgment: 10th February 2006

R. Iomea for the Crown
D. Hou for the Accused

SENTENCE

Mwanesalua, J: I found you Marcus Rongodala guilty of Manslaughter and convicted you of that offence on 16^th December 2005. The maximum custodial sentence fixed by the law for that offence is imprisonment for life. But the law gives me discretionary power to impose a sentence that is shorter than imprisonment for life.

I accept the mitigating factors advanced by Counsel on your behalf at the sentencing hearing. That you are a person of no previous conviction and a first offender. You co-operated with the police during the investigation by readily confessing that you caused the death of the deceased. I take these factors in your favour in considering the length of the custodial sentence which fits your offence.

However, I must also take your criminal conduct into account before arriving at that sentence. You caused the death of the deceased by an unlawful act. You were armed with an axe while the deceased was unarmed and posed no threat to you. You knew that the axe would cause serious harm to the deceased yet you went on to use it. You held it up with both hands and then cut the head of the deceased with it causing her severe injury from which she died.

You were provoked by the insulting words addressed to you by the deceased. You could have sought compensation from the deceased. You have chiefs in your community to access the appropriate amount of compensation to be paid to you. That could avoid lose of life and save you from committing this offence.

I take the view that you committed a serious form of manslaughter. You unlawfully caused the death of the deceased with a lethal weapon. You only escaped conviction for murder because you were provoked by the deceased. I take into account the period you spent in prison since you were arrested. I sentence you to seven years imprisonment with effect from today, 10^th February 2006. You have a right to appeal to the court of Appeal.

Francis Mwanesalua
Puisne Judge