Man gets 2-year jail term for abusing wife, daughter
A MAN, who was found guilty of mistreating his wife and 18-month-old daughter in 2022 in Tulagi, Central Islands Province, has been sentenced to a total of two years in prison.
HF was found guilty after a trial on one count of Domestic Violence- psychological abuse and one count of Cruelty to Children.
Principal Magistrate Elma Veenah Rizzu Hilly said the aggravating factors present in this case as evidenced at the trial included Intoxication, Armed with a Weapon, Breach of Trust, Lack of Remorse and Previous Conviction.
She said the convict had been drinking alcohol from the Friday before Monday 10 October 2022.
“He was intoxicated when he threatened the first victim and their children and when he whipped the 18-month-old child.
“Evidence shows that the convict was armed with a knife during a confrontation with the first victim (wife).
“Although he was disarmed, he was also seen throwing a stone at a newly constructed building where the first victim (wife) and her child sought refuge.”
Magistrate Hilly added that the nature of the crimes involved a breach of trust as the convict was the partner of the first victim and the father of the 18-month-old child.
She added that the convict had shown no remorse for his actions towards his victims.
The court also heard HF was previously convicted last year on four counts of Indecent Act with a Child under 15 and is currently serving a two-year and six-month prison sentence
The victim was his then 10-year-old biological daughter.
The defence had argued that the absence of physical injuries to the victims should be considered as a mitigation factor but Magistrate Hilly said she disagreed as the offences in question do not necessarily require physical injury for conviction.
Magistrate Hilly said the first victim experienced significant fear and hurt and the 18-month-old child suffered distress from the convict’s actions.
“Thus, this factor will not be heavily weighted in mitigation.”
Magistrate Hilly, having compared this case to two similar cases – Regina versus Gapu and Regina Versus Ofanau – said in the current case, the convict’s actions of whipping and leaving his 18-month-old child in such distress (crying and covered in faeces) constitute the acts of inhumanity and child abuse.
Having considered the precedents and aggravating factors in this case, Magistrate Hilly imposed a one-year-and-six-month imprisonment term for the charge of Domestic Violence and a two-year imprisonment for the charge of Cruelty to Children.
She then ordered both charges to run concurrently, which means a total sentence of two years imprisonment.
The time the defendant spent in custody was also considered. Hence the sentence was backdated to 14 October 2022.
Magistrate orders police to speed up investigation
A HONIARA Magistrate has sternly reminded police to complete its investigation in a burglary case that occurred at the Fangs area in June, in Honiara before August 5.
The defendants Joe Malau and Mathew Malau are facing one count of burglary after allegedly stole money and properties valued at $376,200.
Magistrate Dalcy Belapitu Oligari made the reminder after being informed that the police were on their way with the case file to hand it to the prosecutor in court yesterday.
Police took the file from the prosecution after the last court date to complete few tasks, leaving Public Prosecutor Herrick Lautalo appeared without the file.
Magistrate Oligari did not accept the response given to her by the prosecutor who told the court that that police are on their way to court with the case file.
She questioned prosecution as to why it took the police that long to conduct their investigation when the matter was in court since June this year.
Defence counsel Bobby Harunari of Public Solicitor’s Office confirmed to the court he received partial disclosures and are still waiting for prosecution to provide full disclosures and confirmed investigation in this matter.
He represents the defendant Mathew whilst his colleague Ron Dickey Pulekera is representing Joe.
Magistrate Oligari having expressed her disappointment adjourned the matter to August 5.
She then ordered prosecution to follow up with the police on the investigation before returning on the next court date.
It was alleged that on 10 June 2024, at around 7pm, the victim was still at his shop JX enterprise when the defendants drove into the eastern gate of the Fangs area in a car.
They then went to the defendant’s room located within the same building and broke into the room.
They removed cartons of bro cigarettes, Pall Mall cigarettes, solbako, two Huawei mobile phones and a cash of $334,000 before escaping to their car.
The total cost of all the properties removed that night are $42,200.
The defendants had already left the scene before the security officer’s wife and another Chinese female discovered the break-in.
They alerted the police and the defendants were arrested and later charged.
The Office of the Director of Public Prosecutions (ODPP) is yet to allocate a prosecutor for this smatter.
