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R v Sogamola [2025] SBMC 3; Criminal Case 727 of 2025 (1 August 2025)

IN THE SOLOMON ISLANDS MAGISTRATES’ COURT

AT TULAGI, CENTRAL ISLAND PROVINCE

Criminal Case No. 727 of 2025

REX

v.

WALTER SOGAMOLA

Ms. Hiroshachi. F for the Prosecution.

Mr. Maelanga. K for the Accused.

Date of Sentencing Submissions: 31 July 2025

Date of Sentence: 1 August 2025

PM Fagani

SENTENCE

1. You pleaded guilty to one count of Assault Causing Actual Bodily Harm. Upon your own guilty plea, I will enter conviction against you. The maximum penalty for this offence, Assaulting Causing Actual Bodily Harm is 5 years imprisonment^[1].
   
2. The agreed facts before me shows that on 11 April 2025 at 1700hr, the complainant was swimming with other children in front of their village. There, the complainant swore at the small boys they were swimming. Your daughter about 10 years of age, was unknown to him, stood at the shore and threw stones at him saying, u no swear. The complainant shouted at her and telling her not to shot him. The complainant then came out from the sea, whipped your daughter’s neck and said, u go fuckem grandfather blo u, u go fuckem daddy blo u. Your daughter cried, ran home and told you about what had happened. Upon hearing that, you angry and came down to where the complainant was standing. You then grabbed the complainant’s shirt, ripped it and pushed him down on the gravel. Later, you then slapped him on the left side face to the left eye. The complainant was dizzy because of the heavy slap. Whilst the complainant was on the gravel, you also slapped him again on the right shoulder, and he was unconscious. The complainant somehow regained his conscious, and was assisted by the children whom they were swimming, and at that time you already left. As a result of that, the complainant got swollen face and shoulder which was very painful. The complainant was referred to National Referral Hospital and underwent X-Ray. The matter was reported to the police and you were arrested and charged with the offence, Assault Causing Actual Bodily Harm contrary to section 245 of the Penal Code [Cap 26].
   
3. The aggravating factors:
   • 3.1 You slap the complainant on the left side face and later, you also slap him again on the right shoulder. The slap was repetitive.
   • 3.2 The complainant was unconscious because of the slap you did to him. This means the slap or force you applied was very strong.
   • 3.3 The complainant got swollen face and shoulder as the result of the slap.
   • 3.4 Finally, the complainant is very young and weak. He is 14 years of age and he is vulnerable compared to you.
     
4. The mitigating factors.
   • 4.1 You enter an early guilty plea.
   • 4.2 You remorseful.
   • 4.3 You have no previous conviction.
   • 4.4 The offence was not premediated.
   • 4.5 You react at the complainant because your daughter told you that he swore at her. You react at the complainant because those abusive words he used in custom are very disrespectful to you.
   • 4.6 I take into account your personal circumstances. You married with 5 children, and you are the only sole breadwinner.
     
5. I had the opportunity to consider the aggravating factors, mitigating factors, the circumstances surrounding the offending, the nature of the offending, and your personal circumstances. I am of the view, that the nature of the offending is serious.
   
6. In our jurisdiction, sentence range for such an offence range from fine to custodial sentence, depending on the nature or seriousness of the offence.
   
7. From the facts tendered before me, I see there were evidence that the act you did to the young complainant was repetitive. You assault him on the left side face and later, you assault him on the shoulder. As a result, he sustained swollen face and shoulder. Not only that, but because of the assault you did to him, it also caused him to unconscious. This is serious in my view.
   
8. However, on the other hand, I must not overlook the evidence of the abusive words used by the complainant against your 10-years old daughter. I agree that the abusive words he used against your daughter in custom is disrespectful. In some part of country, compensation can be paid for such an abusive word, and I think that is the root cause causing you to react that way. I accept that, but the way you react and assault the complainant to the extent that he was unconscious is not acceptable in my view. As a mature and educated person, what you should do is call the complainant, ask him about what happen and teach him the right way. It can be difficult sometimes to do that because of our human nature, but in my view, that is the right thing you should do.
   
9. Since you go further and assault the complainant, and since it is also against the law, I am of the view that a short sharp sentence is appropriate in this case. I will impose a custodial sentence of 2 months imprisonment on you. The short sharp sentence impose should deter and teach you a lesson not to take the law into your own hands again. Not only that, but it also sends message to the public that the court will not tolerate such an unlawful action if any likeminded thought of committing the offence.
   
10. 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 these following orders:

Orders

1. I hereby sentence the defendant Mr. Walter Sogamola to 2 months imprisonment.
2. I enter convict against the defendant.
3. Right of appeal within 14 days.
   

THE COURT

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

^[1] See section 245 of the Penal Code [Cap 26].