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Regina v Mou [2017] SBHC 115; HCSI-CRC 510 of 2016 (3 April 2017)

REGINA

v

CATHERINE MOU

IN THE HIGH COURT OF SOLOMON ISLANDS
(Mwanesalua, DCJ)
Criminal Case No. 510 of 2016

Date of Hearing : 31^st March 2017
Date of Judgment : 3^rd April 2017

Ms. R. Otutimayin with Ms. E. Tito for the Crown
Mr. M.R.Holara with Mrs. J. Namo for the Defendant

JUDGMENT

Mwanesalua DCJ:
The Defendant Catherine Mou is charged with one count of infanticide, under section 206 of the Penal Code.

The Defendant is from Louna Village, Russell Island, Central Province. She was born on an unknown date in 1998.

The Defendant went to Noro in June 2012 where she lived with her uncle until August 2015 when she returned to her parents at Louna Village. At that time she was pregnant but denied being so when her parents asked her several times.

At about 2:00 on 25 December 2015, Ms. Pitua went aside of her house to wash her eyes as she had red eyes. While she was outside, the Defendant came out her parent’s house. The Defendant asked Ms Pitua to accompany her to the sea side as she wanted to relieve herself.

While they were at the sea side, the Defendant told Ms. Pitua to wait at distance while she went on further to the side.

Ms Pitua waited for the Defendant for about an hour. As Ms Pitua was approaching the sea, she saw the Defendant in a squatting position. On the ground in front of the Defendant was her baby, fully developed, breathing and crying. The Defendant was just squatting there looking at the baby. Ms. Pitua quickly picked up the baby and wrapped him with the Lavalava worn by the Defendant. She also checked the baby and saw that the baby was a baby boy.

Ms. Pitua held the baby and started walking back to the village. The Defendant grabbed the baby from Ms Pitu and walked back to the seaside. The Defendant raised up the baby and threw him against the sharp rocks. Ms Pitua walked over to check the baby but the baby was already dead. The baby sustained injures on his skull.

After the incident, the Defendant lived with her uncle at Losiolen Village in West Russel. She was arrested on 30 August 2016. She has been in Custody since then.

After the incident the Defendant met and got married to Cecil Omwan from the Russel Islands. She is again seven months pregnant.

The court convicts the Defendant of infanticide. However, the imposition of sentence will be deferred for six months after the birth of the child. Order accordingly.

THE COURT