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R v Potino [2019] SBHC 97; HCSI-CRC 88 of 2019 (26 September 2019)

HIGH COURT OF SOLOMON ISLANDS

IN THE HIGH COURT OF SOLOMON ISLANDS
CRIMINAL JURISDICTION

Criminal Case No. 88 of 2019

REGINA

V

NAOLLAN POTINO
Defendant

Date of Sentence: 26 September 2019

Mrs. M Suifasia for the Crown
Mr. G Grey for the Defendant

SENTENCE

The Defendant in this case has been indicted with Manslaughter under section 199 of the Penal Code. He pleads guilty to the indictment.

The particular of his offence are that he on 21^st December 2016 did unlawfully cause the death of Lenson Alanamate by driving a boat negligently and colliding with the boat in which Lenson Alanamate was travelling in.

These are the summary facts of counsels in this case:

1. The Deceased’s name is Lenson Alanamate, of Horabau village, South Guadalcanal, Guadalcanal Province.
2. The Defendant is Nolan Potino, from Verahau Village, Guadalcanal Province. He is twenty seven years old at the time of the offending.
3. The Deceased was young boy at the time of the incident. He was first born child in his family of four children. In 2016 he went to school at Chocho Primary School and he was in grade 4.
4. On the 21^st December 2016, at about 9:00am, the Deceased and his family members were travelling westward in a banana boat powered by a 30 horse engine for Aruligo to go for holiday in South Guadalcanal.
5. The offending occurred at Lavuro Point, at sea, West Guadalcanal on 21^st December 2016.
6. The Defendant was intoxicated with alcohol on the night of 20^th December 2016.
7. On the 21^st December 2016, the Defendant still had a hangover from the previous night of drinking. As a result of that, he was careless in the way and manner in which he drove the OBM boat on the said date; that is 21^st December 2016, from Marasa to Honiara. His carelessness and negligence led him to have collision with the OBM boat in which the deceased was travelling in.
8. There were eleven people in total, including four children in the boat that deceased was travelling in. Their cargo including four children in the boat that the deceased was travelling in. Their cargo including ten sheets of roofing irons and their luggage. The boat was heavily loaded and so, travelling slowly.
9. As they approached Lavuro Point in West Guadalcanal, the driver of the boat carrying the deceased saw the boat driver by the accused approaching. As there two boats came closer to each other, the driver of the boat in which deceased was in made three attempts to change the course so as to avoid the collision as he had noticed, on each occasion, the accused’s boat was heading straight into their lane posing greater risks of collision.
10. The attempts by the deceased boat to avoid collision became futile as the accused drove straight towards to the deceased’s boat. And upon realising the reality of collision, the driver of the deceased boat jumped into the sea, just seconds before collision occurred.
11. The accused’s boat made a direct hit on the deceased boat.
12. The accused was arrest on 27^th December 2016. He was remanded custody to this date, 22^nd November 2019. He is therefore sentenced to five years imprisonment for his crime. Order accordingly.

THE COURT
Hon. Justice Francis Mwanesalua
Deputy Chief Justice