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R v Rockson [2025] SBMC 1; Criminal Case 691 of 2025 (26 August 2025)

IN THE SOLOMON ISLANDS MAGISTRATES’ COURT

AT TULAGI, CENTRAL ISLAND PROVINCE

Criminal Case No. 691 of 2025

REGINA

v.

STANLEY ROCKSON

Ms. Habu. S for the Crown.

Mr. Maelanga. K for the Accused.

Date of Sentencing Submission: 29 July 2025

Date of Sentence: 1 August 2025

Date of Written Sentence: 26 August 2025

SENTENCE

1. You pleaded guilty to one count of Unlawful Wounding and upon your own guilty plea, I will enter conviction against you. This morning, you appear before this court for your sentence.
   
2. The facts of this case stated that on 13 April 2023, at 1:30pm, in Kombe village, you appeared and struck the complainant with a 24-inch bush knife. The incident occurred when the complainant returned from church, smoking and chewing betel nut, and when he looked down to spit the betel nut, this is where you struck him with the knife. As a result of the strike, the complainant sustained injury on his left ear and left side of his head. It was fortunately the complainant blocked the knife with his right hand, else the knife might cut his left ear and head. After you strike the complainant, you then left the scene.
   
3. The maximum penalty for the offence of Unlawful Wounding contrary to section 229 of the Penal Code [Cap 26] is 5 years imprisonment^[1]. In our jurisdiction, the offence is very serious once you committed it using a bush knife. However, I must remind myself that it is trite law that each case must have to be dealt according to its own set of facts.
   
4. For your case, the aggravating factors which the court can see are:
   • 4.1 First, you use a weapon, a 24-inch bush knife when you commit the offence.
   • 4.2 Second, you strike the complainant with the bush knife and as a result, he sustained injury. According to the medical report the injury was very serious. There is a wound located on his left ear and left side of his face.
   • 4.3 Third, you drunk when you committed the offence.
   • 4.4 Finally, the act was unprovoked.
     
5. For mitigating factors. I take these following mitigating factors on your behalf.
   • 5.1 You enter an early guilty plea.
   • 5.2 You have no previous conviction.
   • 5.3 You remorseful for your action.
   • 5.4 Your lawyer submit that you were drunk at that time and you could not remember well what you did to the complainant.
   • 5.5 I accept that there is a reconciliation done before coming to court. You paid a compensation of $100 to the complainant^[2].
   • 5.6 I also take into account your personal circumstances that you married with 4 children and you are the sole breadwinner.
     
6. As I have stated in many of our cases today, in our jurisdiction the offence of Unlawful Wounding attracts immediate custodial sentence. Most sentence ranged from 1 to 3 years imprisonment, depending on the seriousness of the offending.
   
7. In terms of sentencing, prosecution submit for this court to apply the principle of specific and general deterrence, that is any sentence impose should teach you a lesson from committing the offence again. Not only that, but the sentence must discourage such an unlawful practice in our communities. A message must send to the communities for people to aware that court will not tolerate such an unlawful action if you caught by the law.
   
8. Your lawyer, on the other hand, submit that the court should impose a lenient sentence, taking into account the circumstances surrounding the offending, that you were drunk, and could not remember well what you did to the complainant at that particular time. With regards to your lawyer’s submission, I must disregard that submission. Being drunk and using it as an excuse of not knowing what you did to the complainant is not justifiable. Obviously, the law in our jurisdiction is very clear that if you drunk and commit an offence is serious in nature^[3].
   
9. I had the opportunity to consider the aggravating factors, mitigating factors, circumstances surrounding the offence, and your personal circumstances, I am of the view that a custodial sentence is appropriate for your case. I will impose a starting point of 24 months imprisonment to reflect the seriousness of the offence. For your early guilty plea and the other mitigating factors, I will deduct 6 months imprisonment from the starting point. For the aggravating factors, I will add 4 months imprisonment to the head sentence. Therefore, your resulting sentence would be 22 months imprisonment.
   
10. I feel that the sentence is appropriate to be imposed on you. It should be a lesson learn for you not to commit the offence again in the future. Not only that, but it also sends clear message to the public that court will not tolerate such an unlawful act.
    
11. Having say that, and taking into account the aggravating factors, mitigating factors, the circumstances surrounding the offending and your personal circumstances, I will now make the following orders:

Order

1. I sentence the defendant Mr. Stanley Rockson to 22 months imprisonment. Time spent in custody to be deducted.
2. I enter convict against the defendant for one count of Unlawful Wounding contrary to section 229 of the Penal Code [Cap 26].
3. Right of appeal.
4. Order According.
   

THE COURT

................................................
MR. MICHAEL FAGANI
Principal Magistrate

^[1] See section 229 of the Penal Code [Cap 26].
^[2] See Regina v Asuana [1990] SBHC 106; [1990] SILR 201 (12 October 1990).
^[3]See Allan Campbell v R (Unrep. Criminal Appeal Case No. 9 of 1994.