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

Regina v Loea [2010] SBHC 111; HCSI-CRC 366 of 2009 (6 October 2010)

High Court of Solomon Islands
(Palmer CJ.)
Criminal Case Number 366 of 2009

Regina

v.

Selwyn Loea

Hearing: 6 October 2010
Sentence: 6 October 2010

R. Iomea for the Crown
E. Cade and H. Fugui for the Defendant

Palmer CJ.:

You have been charged with the offence of manslaughter contrary to section 199 of the Penal Code, that on 25 December 2008 at Sulione Village at North Malaita, you killed Junior Solo Loea. You pleaded guilty to this offence when you were arraigned this morning.

Brief facts

The brief facts to this sad but tragic case reveal that the defendant was the biological father of the child. The mother, Tina, of the child, contacted the defendant at a time when she was separated from her husband in 2004 / 2005. The child was born in 2005. At the time of death the child was only about 3 years old.

After birth of the child the mother re-united with her former husband in 2006. Towards the end of 2008 she decided to pay a visit to her family in Malaita. She and her husband lived in the Western Province. On this visit the parents of the defendant took the child and he stayed with them for the whole month of November 2008. The child was returned to Tina in early December 2008.

On 22nd December 2008, the defendant requested the child to stay with him and took custody of him. The child stayed with him until his death in the afternoon of 25th December 2008.

The medical reports on the child confirmed that the child had incurred severe injuries to his face and body. His face was swollen on the forehead and there were scratches behind the ears with black patches of burn marks. His eyelids were black and swollen. The mouth was also swollen and blood oozing from inside. This was observed by the nurse who attended the child at Gounatolo Clinic. There was bruising around the stomach, and the child's scrotum and lower extremes of his thighs were swollen with scratches on the left groin. The child's back was also generally swollen and there were superficial first degree burns on the buttocks.

The child died from a combination of those injuries received from the defendant.

There has been some suggestion that the child may have been sexually assaulted. From the facts available to the court and the denial of the defendant, Prosecution not taking issue with this, I find in favour of the defendant, that there is no conclusive evidence to suggest that the child was sexually assaulted by him.

There has also been some suggestion that the child may have been detained by the defendant against the child's will or Tina, I also do not find that the facts support this. I also do not find that what happened on that occasion was planned or pre-meditated.

Explanation of the Offence by the defendant.

The defendant admits he struck the child many times with his hands and with a stick. He says that he and the child had gone to sleep as usual in the evening of 24th December, but then the child had woken up in the night and started crying for his mother. He says he was not able to soothe him and started beating the child to stop him from crying. He also says he felt he was laboring under some "sickness of the mind" at that time because the pain in his head was similar to the type of pain when he had malaria. He believed that he and the child both had malaria and that would not have helped him as well to think clearly.

He admitted beating the child on the buttocks to try and stop him from crying. When this did not stop him, he started slapping the child on the head, which caused him to fall and hit his head on the floor. He says he continued beating him with his hands and then picked up a stick and continued to beat him with it. He also admitted pulling the ears of the child. He only stopped when the child stopped crying and then both of them went back to sleep. He did not realize it seems that the damage had already been done.

Aggravating factors

You were in a position of trust as the biological father or guardian of the child. You had responsibility for that limited period to look after the child when he came under your care and you failed in that responsibility.

The age of the victim at three years old is also an aggravating factor. The child relied totally on you for his well being, safety and care at that particular period of time.

The level of force or violence exerted was excessive and disproportionate to the circumstances. You persisted in beating him and only stopped when the child stopped crying, assuming that the matter had been resolved.

I note a weapon in the form of a stick was used to beat the child with and that is also an aggravating factor.

Mitigating Factors

I note from the outset there are strong mitigating factors and extenuating circumstances in this case.

First, your age; you were actually a teenager when you impregnated Tina, who was already an adult at that time and became a father thereafter. You were never in a position of maturity and responsibility when you fathered the child in 2005. Some element of responsibility and accountability must be placed on Tina for as an adult she too had acted irresponsibly in seducing you a teenager at that time.

I note at the time of the offence you had just crossed the line of adulthood, but it is clear to me that you were never mature in terms of fatherhood and what it entails. The mother of the child too should have known better and not allowed the child to be with you alone, especially at such a tender age. While children may be very cute at that age, they also are fickle in behavior and can change suddenly and become very demanding, for that is the hallmark of children and that is why parents are needed to bring and nurture them up to become responsible, honest and accountable.

The fact that the child woke up and cried for her mother that night is not unusual. At that age that is normal. What is tragic about the whole incident is that you were in no position to accommodate this or handle it, for you were never a father or a parent to the child. You were merely a passing Guardian that night because you happened to be his biological father. You need to appreciate that the responsibilities of fatherhood, is on a full time basis and not momentary. It is not a light thing, for you have a living soul in your hand to raise and look after. You were very immature because of your age but also because of your position. I view this as a mitigating factor on your part.

I take into account the fact that this was not a premeditated killing. It was never planned by you and there was no intention on your part to kill the child. You did not ask for the child to kill it. You asked for the child because you thought you loved the child and wanted to spend time with him. Your actions that night happened on the spur of the moment and it was clear it was beyond your capacity as a young man to handle or control. You thought that by beating the child you would resolve the problem. It merely demonstrated your immaturity.

I take into account that you have no previous convictions.

Your early plea and admission is a strong mitigating factor. It reflects to some extent that you are sorry for what you have done. Your frank admission of the facts is consistent with that.

Decision

Having carefully thought through the facts of this case, the circumstances surrounding the offence, your personal circumstances on one hand and balancing that with society's disapproval of this type of conduct and the need to safeguard and protect children always, I have come to the conclusion that an appropriate sentence in this case would one of seven years. The period spent in custody is to be taken into account.

You are convicted of this offence and sentenced to 7 years imprisonment.

The Court.