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R v Samani [2024] SBHC 76; HCSI-CRC 21 of 2018 (31 July 2024)

HIGH COURT OF SOLOMON ISLANDS

IN THE HIGH COURT OF SOLOMON ISLANDS
CRIMINAL JURISDICTION

Criminal Case No. 21 of 2018

REX

V

ROBINSON SAMANI

Date of Hearing: 12 July 2024
Date of Sentence: 31 July 2024

Counsel: Mr Vaike for the Crown
Counsel: Mr Kwalai for the Defendant

SENTENCE

1. Mr. Samani was waiting outside the Barak sportsman’s pub at Bahai area, opposite to Guso point market stall after 12 mid-night on 26^th May 2017, to catch a taxi back to Burns creek. Samani had just finished drinking beer and playing snooker at the bar with his friends Junior, Scan and Faddy.
2. Whilst Samani was waiting, Greg shouted from the middle island of the main Kukum High way (“KHW”) at Bahai for Samani to go over to him. Samani went over to Greg. Greg asked Samani “Are the boys selling shots?” Samani replied “Go and check them up”. At the same time Greg punched Samani on the left side of his face. Samani fell to the ground. Greg run across to the other side of the main KHW towards the Guso point market stall. Samani chased after Greg. Samani was very angry because Greg punched his nose and was bleeding.
3. Samani’s sister Nanai and the boys tried to stop him. Samani ignored them and chased after Greg, grabbed his shirt from the back and pulled Greg towards him. Greg turned around and punched Samani again on the left side of his mouth. Samani fell to the ground. It was when Samani was on the ground that Greg escaped and the oncoming bus hit him.
4. Samani did not see when the bus hit Greg because he was on the ground. Afterwards Samani saw Greg’s body lying on the tarmac near the walkway close to Guso point market stall. Samani panicked when he saw Greg’s dead body and escaped because he did not expect Greg to die from their fighting. Before Samani fled he told Janet at the market stall what had happened. He fled in a panic rush because he did not envisage the worst would happen from their fight.
5. I find in the main judgment that Greg escaped from the walkway onto the tarmac on the outer lane of the main KHW easterly direction, after he hit Samani and Samani fell and was lying on the ground. The bus hit Greg. Greg was trapped under the bus. The bus dragged Greg some distance before dropping him next to Guso market stall at Bahai area.
6. I find in the main verdict that the primary cause for Greg’s death is the bus that hit him that night. And the secondary cause was the fight between Samani and Greg. I apportioned 80 percent to the primary cause and 20 precent in respect of the secondary cause. I find Samani guilty of involuntary manslaughter (gross negligence or reckless killing). Samani in my considered view did not intend to cause the death or grievous bodily harm to Greg.
7. The issue now is - What is the appropriate sentence I must give to Samani for his 20 percent criminal responsibility as a contributing factor to Greg’s death?

8. I will set the starting point sentence at 7 years using two Court of Appeal binding decisions of Popoe^[1] and Tapa’amae^[2]. Like Popoe and Tapa’amae, this case does not involve use of weapon and was not a pre-meditated killing.

9. Then I will inflate the start point due to the presence of serious aggravating factors: -
   • (i) Intoxication – Samani was drunk when he committed the offence. He was not in his right state of mind and that his action was reckless. If he was sober, he might have been able to control himself and refrain from offending.
   • (ii) Darkness – Offence happened at night making it hard for the deceased to see clearly. Darkness however was a good time for Samani to conceal his offending.
   • (iii) Not listening to good advice – Samani was advised not to chase after Greg but he just ignored that wise counsel and run after Greg to have a fight. If Samani had heeded, he would have stayed out from trouble.
10. For all of the above 3 aggravating factors combined I will increase the sentence to 25 years (6 years for each aggravating factor). Increase due to serious aggravating factors should be in years and not merely in weeks and months (Bade, Court of Appeal 2023). Six years increase is justified because manslaughter has a maximum penalty of life imprisonment denoting the serious nature of this charge, where a life has been taken away.
11. After the 25 years Samani is entitled to reduction for valid mitigation factors as follows – delay, first time offender, prospect to rehabilitate, provoked initially and no weapon used. I will deduct 5 years. That comes to 20 years. Eighty (80) percent of 20 years is 16 years - primary cause for Greg’s death (the bus). The remaining twenty (20) percent goes to the secondary cause for Greg’s death - Samani’s recklessness (fight) which also contributed to Greg’s death. That comes to the remaining 4 years of the 20 years. But then I find that Samani already spent 2 years in pre-trial custody. So, I will sentence Samani to 2 years imprisonment only. The 2 years starts to run from 31^st July 2024.

THE COURT
JUSTICE JOHN A KENIAPISIA
PUISNE JUDGE

^[1] Popoe v Regina [2015] CRAC 42 of 2014.

^[2] Tapa’amae v R [2021] SBCA 12; SICOA-CRAC 3 of 2020 (1 February 2021).