THE Court of Appeal has reduced the prison term of Philip Basikekero, who killed his wife in a violent attack, from 15 years to 12 years imprisonment.
The attack occurred on 25 December 2022 at their home in Fulisango, East Honiara, shocking the local community.
Basikekero, 57, pleaded guilty to manslaughter after his 48-year-old wife, Gladys, died on 2 January 2023 from brain injuries sustained during the assault.
On Christmas Day 2022, Basikekero and Gladys, along with two others, were drinking alcohol at home from early morning until late afternoon.
Basikekero had reportedly started drinking since midnight the previous night.
Later in the day, Gladys went to sleep, but Basikekero woke her and asked her to cook food for their young daughter.
She refused and left to play cards with friends nearby.
Basikekero then sent his small niece to call Gladys back home, but she continued playing cards.
Angered by Glady’s action, Basikekero went to her and began assaulting her.
He punched her in the right eye, causing her to fall onto a pile of timbers, and continued hitting her until their son intervened and took her back home.
After the assault, Gladys complained of headaches and was taken to the hospital on 27 December.
She was given medication and told to return the next day, but she did not.
Her condition worsened and by 31 December, she had developed fever and began vomiting. She was rushed to the hospital and got admitted. A CT scan conducted on her showed she had developed meningitis.
Despite treatment, she passed away on 2 January 2023.
An autopsy conducted on 4 January confirmed she died from brain injuries caused by blunt force trauma. Basikekero was arrested on 4 February 2023.
His relatives later paid $24,000 SBD and three shell monies in compensation to the deceased’s family.
In the High Court, aggravating factors included the victim being unarmed, vulnerable, and attacked in a domestic setting, while mitigating factors included Basikekero being a first-time offender, pleading guilty, cooperating with police, showing remorse, having a medical condition, and the compensation paid by relatives.
The High Court started with a base sentence of seven years, added 13 years for aggravating factors, and deducted five years for mitigation, resulting in 15 years imprisonment.
Basikekero appealed, arguing the sentence was excessive.
The Crown agreed the sentence was slightly high, but recommended a term between 8 and 12 years to reflect the seriousness of the violent domestic attack.
The Court of Appeal found that the High Court had erred in its sentencing discretion.
While noting that the assault was unprovoked, sustained and targeted a vulnerable woman, the Court also considered Basikekero’s medical condition.
Compensation paid by relatives was not treated as a major factor in reducing the sentence, as it did not directly benefit the deceased.
Taking all factors into account, the Court set a new starting point of eight years, added six years for aggravating circumstances, and deducted two years for mitigating factors.
The final effective sentence is 12 years imprisonment, running from the original High Court sentencing date.
The Court emphasized that domestic violence remains a serious problem in the country and called for strong deterrent sentences to protect families and communities.
Benham Ifuto’o of Public Solicitor’s Office represented the appellant, while Public Prosecutor Patricia Tabepuda Waisanau appeared as Respondent.
By ASSUMPTA BUCHANAN
Solomon Star, Honiara
