-VS-
BANABETH TUIA
Coram: Before Mr Justice Oliver
A Saksak
Ms Cynthia Thomas - Clerk
yleen Tavoa for Public
Prosecutor
Mr Hillary Toa for the
Defendant
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Charge
The Accused is charged with one
count of unintentional harm causing death contrary to section 108(c) of the
Penal Code Act [CAP.135]
Arraignment
The Accused pleaded guilty to
the charge.
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Facts
It is alleged that on or about
20th October 1999 the Accused picked up the deceased Norman Vekamoli, a boy
of 9 years
and dropped him to the ground. The impact of the fall injured the
deceased resulting in his death eventually. The incident
occurred after the
two boys had been fighting during which the deceased had grossly abused the
Accused by swearing at
him.
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Eye witnesses saw the fight
between the two boys and the provocation by the deceased. Further eye
witness confirms that
the deceased was bleeding from the nostrils indicating
that the bleeding was a result of head injury which caused the death
of the
deceased.
Mitigating Factors
The defendant was born on 18th
June 1983 making16 at the time of the commission of the offence. He is
a first-offender,
a student in class 4. His physical appearance indicates
that he is a boy who does not look his age. I am told that this is
due to
his environment and the background he is brought up in. I am also told that
due to his limited understanding of
the act and the law, the Accused could
not be criminally liable for his actions pursuant to section 16 and 17 of
the
Act. He made full and frank confession to the police and pleaded guilty
in court this morning. I am told that preparations
are being made for a
custom peace ceremony to take place between the Accused's family and the
family of the deceased
who are closed related. He has been shocked and
horrified at the death of the deceased who was his close relative. He has
shown and expressed deep remorse for his actions.
Penalty
Upon the defendant's plea of
guilty the Court convicts the Accused and sentenced him months in jail
takintaking into account
all that was said on his behalf in mitigation by Mr Toa.
Further the Court takes into account the fact that the Accused has
already
been in custody for some 5 months since October 1999. It is ordered that
those 5 months be deducted and the balance
of 3 months be suspended for a
period of 2 years. It is the view of the Court that the Accused has been
punished adequately
and that an opportunity be given to him to reform and
rehabilitate himself. Further, this punishment will act as a deterrence
to
any other potential future offenders.
DATED aanville this 2nd
day of March, 2000.
BY THE COURT
OLIVER A. SAKSAK
Judge
