THE young man who caused the death of another man whose body was found lying at the bottom of the steep hill at Botanical Garden in 2020 has been sentenced to four years in prison.
Ruben Jayrick Hitu, 26, was sentenced this week following his conviction after a trial for one count of manslaughter.
Justice Maelyn Bird, when sentencing Hitu, said the prosecutor has submitted that there were several aggravating features in his case.
“Firstly, is the fact that the deceased was not armed at the material time,” Justice Bird said.
“It is also submitted that your assault on the deceased was unprovoked,” she added.
Justice Bird told Hitu that he was the one who picked an argument with the deceased.
She said she was also told that Hitu was the aggressor in the incident.
“Your assault had caused the deceased to fall and roll over the cliff and died as a result.
“It is further submitted by the Crown that a life was unnecessarily lost through your action and behaviour towards him.”
Justice Bird said according to evidence adduced in court by the prosecution and Hitu himself, Hitu punched the deceased once in his face.
She said the deceased fell down from the punch and rolled over a cliff and died.
“Your lawyer has submitted that the fall was caused by a single punch on the deceased.
“I must therefore say that it is an unfortunate incident because of the landscape of the place of offending.”
The incident occurred on 25 July 2020 at Botanical Garden in West Honiara.
The deceased and his lady friend were having their meal at the Botanical Garden hill top when Hitu approached them and started an argument with the deceased.
Hitu then punched the deceased who fell down the slope.
The body of the deceased was found shortly afterwards at the bottom of the steep hill beside the fence to the Redeemed Church of God building.
Justice Bird, before imposing the sentence, also took into account the fact Hitu was not armed with a weapon and his attack on the deceased was not persistent.
She said Hitu was 23 years old at that time and had no previous criminal history.
Justice Bird also took into account that Hitu was intoxicated when he committed the offending.
“The Courts have echoed from time to time about the effect of alcohol in the commission of criminal offences.
“If you have been sober minded on that occasion, what you have done might have not occurred.
“I urge you to stay out of the use of alcohol.
“Be sober-minded at all times and learn from your mistake.
Justice Bird also noted that the deceased being on a sloppy landscape was in a vulnerable position when Hitu attacked him.
A starting point sentence of five years was imposed and then was reduced by one year to reflect the mitigating features on Hitu’s behalf.
The time Hitu spent in pre-trial custody was also considered.
Steven Weago of Public Solicitor’s Office represented Hitu, whilst Public Prosecutors, Olivia Ratu and Myrella Cleven, appeared for the Crown.
By ASSUMPTA BUCHANAN
Newsroom, Honiara
