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

R v Naidi [2018] SBHC 109; HCSI-CRC 305 of 2018 (4 December 2018)

HIGH COURT OF SOLOMON ISLANDS

IN THE HIGH COURT OF SOLOMON ISLANDS
CRIMINAL JURISDICTION

Criminal Case Number 305 of 2018

REGINA

V

VAVINA NAIDI
Accused

Date of Hearing: 28 November 2018
Date of Judgment: 4 December 2018

Mr. I. Kekou for the Prosecution
Mr. C. Ruele for the Accused

SENTENCE

Introduction

Maina PJ: The Defendant Vavini Naidi of Lale Village, Ranongga Islands Western Province was charged on one count for infanticide contrary to section 206 of the Penal Code (Cap 26). She pleaded guilty on the charge and accordingly, I convicted her on the offence of infanticide.

The brief fact is that the Defendant was pregnant from her boyfriend. She did not tell anyone about her pregnancy as she was concerned that her family would know and get angry with her.

On 26^th December 2008 at the night felt that she was to give birth and went down to the sea-side. On the way she felt her water broke and on arrival at the sea-side her stomach was pain and so she sat down. When the Defendant stood up, a baby fell out and cried as the baby was alive. The Defendant took or carried and left the baby underneath the stones in a pool of sea water. The baby immediately drowned and died in the pool of sea water.

The Defendant arrived back at home and exhausted after giving birth to the child. Her mother noticed the situation of her daughter and enquired with her. Defendant told her mother about the incident and where she had hidden the baby. A search was made and found the baby. They brought the baby to Lale clinic and a registered nurse examined baby who confirmed a full female infant with a length of 44 cm and weigh of 2.6 kgms.

Counsel made submissions on the aggravating and mitigating features in this case and both accepted the manner taken by the Defendant to hide the baby in the pool of water and as aggravating factors.

There is a delay of the case as the offence was committed in 2009, accused charged in 2011 and she now before with court for the final disposal of her case.

I would agree to the stresses and difficulties encountered and may continue to experience by the Defendant because of this type of cases. It is typically common among our communities to talk such as Defendant now been court about or make jokes about them than to talk about good things for their families, communities to advance the lives of the people.

In the case of R v Salome Lamtoa Irobako Criminal Case No. 24 of 1991, Muria Acting Chief Justice with the sentence of contested infanticide case said that he agreed the social pressures brought to bear upon you especially the fact that you were not well-liked by your relatives. The sentence was 12 months imprisonment with 6 months of which is suspended for 1 year. And in the Regina v Katea [1997] SBHC 30; HC CRC 035 of 1996 5 June [1997], the Defendant had pleaded guilty and Awich, J said he had considered discharging the accused conditionally, but he came to conclusion that it will not be adequately telling to the accused that life, however early, is very important. A 2 (two) months’ imprisonment was imposed for the sentence.

The offence of infanticide is a very serious offence and carries or the law puts the maximum punishment for the offence is liable to imprisonment for life. It is serious as it involves and deprives the right to life of an innocent child. The fact disclosed that the child fell off from the accused and appeared to be alive when she pushed the baby under the stone in the sea.

I take into account the aggravating features, the delay for justice to the accused and noting the sentences imposes as in the cases R v Salome Lamtoa Irobako and Regina v Katea.

Hence it is also important the Defendant must realise that innocent human being life is infanticide under the provision of law.

This is a non-contested case but its seriousness prevails and Defendant must be told the importance of life. The accused is sentenced to one year imprisonment.

ORDERS

1. One (1) year imprisonment
2. Six months is suspended for one year

THE COURT
......................................................
Justice Leonard R Maina
Puisne Judge