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R v Waletofea [2021] SBHC 167; HCSI-CRC 671 of 2019 (12 November 2021)

HIGH COURT OF SOLOMON ISLANDS

IN THE HIGH COURT OF SOLOMON ISLANDS
CRIMINAL JURISDICTION

Civil Case No. 671 of 202

REGINA

V

WILLIAM WALETOFEA

Date of Sentence: 671 of 2019

Kelesi A for the Crown
Holara M for the Defendant

SENTENCE

Maina PJ:

The accused William Waletofea was initially charged with one count of murder but the DPP had entered a nolle prosequi on the charge of murder and filed new information of manslaughter.

On the arraignment, accused pleaded guilty on the charge of manslaughter contrary to section 199 of the Penal Code and accordingly he was convicted for unlawfully causing the death of Miss Grace Idui.

Agreed Facts

The Defendant William Waletofea was 17 years old of Sikitaae Heights, Auki, Malaita Province and the Deceased Grace Idui of East Kwaraáe, Malaita Province was 16-year-old at the time of her death.

At the time of the offence, the deceased was the girlfriend of the defendant and or had a domestic relationship and they resided together at the defendant’s house.

At the evening of 8 March 2019, the deceased had telephoned the defendant and told him to accompany her to drop off her brother at Auki wharf to board a ship. The defendant went and met the deceased and her brother with others at the wharf. They left deceased’s brother at the wharf and both the defendant and deceased went back home.

On their way, the deceased realized the defendant was drunk and they started an argument. Defendant grabbed the deceased’s neck tightly causing scratches to her neck. They went and arrived to the defendant’s house at Sikitaae Heights and there they tried to sort out the matter among them.

Throughout the night they continued to argue that resulted in a scuffle among them and Defendant punched the deceased on her neck and the deceased experience shortage of breath that led to her death thereafter.

On the next day, when the defendant’s sister Rayna Babani went to call the defendant to have some food, she was shocked to discover that the deceased had rope tied to her neck inside the kitchen room.

The matter was reported to the police and the defendant was arrested.

Dr Roy Maraka examined the deceased and stated the deceased probably died from asphyxia because of compression of the neck. Asphyxia is a term to describe lack of oxygen breathed in because of the compression of the neck.

The doctor noted that there were other injuries seen on the neck other than the ligature mark, which could imply manual strangulation of the neck. The abrasions on the left side of the neck were not close to the ligature mark, therefore ruling out self-inflicted injuries that could happen in suicidal hanging in attempted to release the ligature.

The hyoid bone was fractured, because of hanging but that did not reveal hemorrhages on the bones, which implied that she was already dead before she was hanged.

The Sentence

Both counsels had made written submissions on the sentence to the court with the previous manslaughter cases heard by the court in this jurisdiction.

The offence of manslaughter is a serious offence and carries a maximum sentence of life imprisonment. And for the sentencing, it depends on the circumstances of each case and the offender.

Both counsels submitted on the mitigating factors and aggravating features of the case and for the court’s consideration or taken into account in the sentence.

Mitigating factors

Defendant for pleaded guilty at the first available opportunity and he is the first offender. He is a juvenile and cooperated with the Police Investigation in the case.

Aggravating features

The fact that the defendant was his girlfriend and offence had happened at a family home and Defendant owes a duty of care to her.

I noted these features however these are marginal or trivial nature and would be given less consideration to them.

The starting point of sentence for manslaughter have been stated in the many cases decided by the court in this jurisdiction. And it is so that the mitigating factors and aggravating features are the prerequisites or requirement to assist the court to arrive at an appropriate sentence.

Both counsels agreed that the defendant was 17 years old at the time of offending and he was a juvenile when he committed the offence. Noting the circumstances from the facts of the case in the submission by the counsels, I am satisfied the starting point of sentence for this case is 5 years.

The accused has been custody since his arrest and taking into account the circumstance as revealed by facts, aggravating features and mitigating factors as submitted by the counsels, I am satisfied the sentence for the accused is 4 years’ imprisonment.

ORDERS OF THE COURT

1. The accused William Waletofea is sentenced to 4 years’ imprisonment.
2. The period spent in custody to be deducted from this sentence.
3. No further order

THE COURT
Hon. Justice Leonard R Maina
Puisne Judge