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Regina v Daowea [2006] SBHC 60; HCSI-CRC 004 of 2006 (5 July 2006)

HIGH COURT OF SOLOMON ISLANDS

Criminal Case No. 4 of 2006

REGINA

V.

LUKE DAOWEA

High Court of Solomon Islands
(Palmer CJ.)

Date of Hearing: 29th June 2006
Date of Sentence: 5th July 2006

Ricky Iomea for the Crown.
Mrs. Kylie Anderson for the Defendant

Palmer CJ.:

Luke Daowea ("Luke") was charged with the offence of manslaughter that on 17 September 2005 at Lunga, he killed Margaret Ngosonatabu ("the Deceased"). He was arraigned before me on 29 June 2006 and he entered a guilty plea.

The scene of the incident was a popular dancing place at a remote location at Lunga where a dance commonly known as sisi dance was usually held during the weekends.

On this particular occasion, the Deceased was described as being quite drunk. There was no sisi dance at that time and the Deceased was sitting with two other girls from Temotu Province when Luke arrived. On seeing him, she swore at him in his language. She then asked him why there was no dance at that time. This was sometime in the morning part of Saturday 17th September 2005. When he told her that there would be a dance later that night, she started to argue with him. She became quite upset and started kicking Luke on his legs and slapping his face. She then told him to stand and she poured beer over his head. After this she ordered him to move a little further away from her before shooting him with the empty beer bottle she was holding. It missed him, hit the cement floor and broke into pieces. It was at this point it seems that Luke lost his temper and chased her. When he caught up with her he kicked her causing a fatal injury and resulted in her death shortly thereafter.

Luke is about 19 years old and is single. He came to Honiara in 2004 to look for work. He has been engaged in a few employment positions before the incident.

The facts show that the Deceased was the aggressor throughout and caused extreme provocation to him in the form of both verbal and physical abuse. After sometime he could no longer restrain himself and retaliated. Unfortunately, that retaliation was disproportionate and resulted in the fatal injuries being caused and death subsequently.

He is sorry for what he has done and regrets what has happened. He has no previous convictions and therefore is a first offender. He indicated at a very early stage at the committal hearing before the Magistrates Court on 14 December 2005 that he would be entering a guilty plea and so must be given due credit for that.

At the hearing on the 29th June 2006, I adjourned the case as I wanted to hear further as to what compensation arrangements if any had been made before passing sentence. Compensation payments or arrangements if any are relevant to mitigation and especially in the context of a manslaughter charge where a life has been lost and a defendant is expected to serve a prison term before being released back into the community. Any compensation payments indicate that some form of reconciliation between the parties in custom have been arrived at and that it should enable a defendant to be accepted back into the community where he lives or will be residing. In a cross cultural situation as in this case, it plays a vital role.

I have had the benefit of other cases to make comparison as to the possible range of sentence to be imposed and I thank Mrs. Anderson for assisting me on that. There are no aggravating features to this case, no weapons involved or repeated attacks, no alcohol other than that Luke delivered a forceful kick which fatally injured the Deceased. It was obvious he had been provoked and that would explain the force of the kick but does not justify its application especially when it was applied at a vulnerable part of the Deceased’s body. A slap or something less severe, even a stern warning may have been equally satisfactory in the circumstances and which would not have caused fatal injury.

Giving credit for all mitigating factors aptly raised before me, I am satisfied a sentence of three years is appropriate. Luke is convicted and sentenced accordingly. The period spent in custody is to be taken into account.

Orders of the Court:

1. Convict Luke Daowea for the offence of manslaughter.
2. Impose sentence of three years.
3. The Period spent in custody is to be taken into account.
   

THE COURT.