* Island Night club case returns Feb 12
* 20 months in jail for unlawful wounding, $60 theft
Island Night club case returns Feb 12
A PLEA and an election of a form of a committal hearing are likely to be made next in relation to the fatal traffic incident that claimed the life of an elderly man at the Island nightclub area at Henderson, East of Honiara.
Jimmy Lusibaea Jnr, 31, is facing one count of murder.
His matter was mentioned in the Honiara Magistrate’s Court and was further adjourned to February 12.
His lawyer is currently in the Western Province on a court circuit.
Lusibaea Jnr was charged in relation to an allegation on 6 December 2020 at the Island Night Club area.
The prosecution alleged he drove a double cabin Hilux at a high speed to and fro in front of the Club area and allegedly hit the deceased.
This was during an argument and rock-throwing incident between the accused’s group and another group at the club.
Following the incident, a reconciliation was made between the two parties and compensation paid to the deceased’s family.
Public Prosecutor Myrella Cleven is appearing for the Crown.
20 months in jail for unlawful wounding, $60 theft
A MAN who shot another man with a sling and then stole $60 from a woman last November in West Honiara has been jailed for a total of 20 months imprisonment.
Nathan Daiwo was sentenced after pleading guilty to the charges of unlawful wounding and simple larceny.
Deputy Chief Magistrate Ricky Iomea when sentencing Daiwo said that persons who commit these kinds of offenses are persons with a selfish and careless attitude and have no respect for others and their properties.
“Innocent people, living in communities in this country have rights to live and enjoy their lives freely, without fear, intimidation, and harm,” Iomea said.
Iomea is repeating the remarks he made when sentencing Daiwo 2019 for charges of simple larceny, criminal trespass, threatening violence, and two counts of common assault.
Daiwo got 18 months in jail as a result of those offenses in 2019.
Iomea said the Court has a duty to ensure that members of the community are protected from this kind of unlawful behavior by Daiwo and other like-minded persons.
“Thus, deterrence both specific and general is an important consideration in this case.
The first incident of unlawful wounding happened on 5 November 2020 at the White River area, West Honiara.
The accused and his friends went down to White River to buy few beers and on their way back to Tasahe B, they got into an argument with the complainant and his workmates.
The argument was about a previous disagreement between themselves.
Following the argument, the complainant and his workmates chased the accused and his friends.
When the accused and his friends reached the junction leading up to Tasahe B, the accused swung a sling with a stone and it hit the Complainant’s head.
The Complainant fell unconscious on the ground and was transported to the National Referral Hospital for medical attention.
He was admitted overnight and discharged the next day.
Three days later, Daiwo went to Forest Valley, also at White River area at 1.30 am and grabbed $60 from a female.
Iomea said the injury on the first Complainant was done to a vulnerable part of the body, the head.
He said the facts indicate that the Complainant fell on the ground unconscious when the stone landed on his head indicated the strong force applied when releasing the stone from the sling.
“Fortunately, the injury appeared to be not life-threatening as the Complainant was discharged the next day after being admitted for treatment during the night of the incident.
“The accused clearly had no respect for the Complainant in the Simple Larceny offending,” he further added.
He said he removed the money and threatened the Complainant.
“Although it was not a substantial amount of money, it was a loss to the Complainant.”
“This makes this offending serious,” Iomea said.
In light of Daiwo’s previous conviction, Iomea said whilst the Court must be careful not to sentence the accused of his previous convictions, the re-offending in this present case is of similar nature to some of the previous convictions.
He said this seems to indicate that Daiwo has a tendency to commit similar offenses and the subsequent re-offending also suggests that he has not learned from the time he spent in custody in the past.
A 16 months imprisonment was imposed for the unlawful wounding while 10 months was imposed for the simple larceny charge.
Both sentences were ordered to run consecutively to each other which means the total sentence is one of 26 months in prison.
However, six months was ordered to be deducted to reflect his early guilty pleas.
The time Daiwo spent in custody was also taken into account.
Daiwo was represented by Public Solicitor’s lawyer Donation Houa while Public Prosecutor Nickson Tonowane appeared for the Crown.
