Solomon Islands - Index to Solomn Islands Law Reports

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Solomon Islands - Index to Solomon Islands Law Reports - 1980/1981

THE SOLOMON ISLANDS LAW REPORTS
1980/1981

(1980/81 S.I.L.R.)

Published by authority of the High Court

INDEX OF CASES REPORTED

Page

Akua, R v.
7

Allardyce Lumber Company Ltd, Official Administrator for Unrepresented Estates v.
66

Attorney-General v. Solomon Islands Broadcasting Corporation
1

Amasia, Sia v.
150

Belae v. Markwarth Shipping Company Limited
218

Bird and Another v. Registrar of Titles
47

Chief Marine Officer, South New Georgia Development Corporation Ltd v.
225

Coral Seas Ltd v. Gilmore
119

Gatu, Saemala v.
196

Gere, R v.
145

Ghomo, Lilo v.
229

Ghotokera, Lilo v.
155

Gilmore, Coral Seas Ltd v.
119

Kaboa v. R
43

Kauwai, R v.
108

Lilo and Another v. Ghomo
229

Lilo v. Ghotokera
155

Lilo v. Panda
155

Longa v. Solomon Taiyo Ltd
239

Magu v. R
40

Markwarth Shipping Company Limited, Belae v.
218

Official Administrator for Unrepresented Estates v. Allardyce Lumber Co. Ltd
66

Ome v. R
27

Paia v. Soakai
86

Paia, Talsasa v.
93

Panda, Lilo v.
155

PKR Pacific Sales Ltd, Trading Company (Solomons) Ltd v.
172

R, Kaboa v.
43

R, Magu v.
40

R, Ome v.
27

R, Suinakwala
135

R, Wilikai
81

R v. Akua
7

R v. Gere
145

R v. Kauwai
108

R v. Ome
27

R v. Tuto
19

Registrar of Titles, Bird and others v.
47

Registrar of Titles and others, Teteha and others v.
209

Returning Officer for Western Province, Tauku v.
23

Saemala v. Gatu
196

Sia v. Amasia
150

Soakai, Paia v.
86

Solomon Islands Broadcasting Corporation, Attorney-General
1

Solomon Taiyo Ltd, Longa v.
239

South New Georgia Development Corporation Ltd v. Chief Marine Officer
225

Suinakawala v. R.
135

Talasasa v. Paia and Another
93

Tauku v. Returning Officer for Western Province
23

Teteha and another v. Registrar of Titles and others
209

Trading Company (Solomons) Ltd v. PKR Pacific Sales Ltd
172

Tuto, R v.
19

Wilikai v. R
81

INDEX

A

Acquisition proceedings, effect subsequent

land case
155

Accused, absent at trial

previous conviction of
19

procedure on
19

Adverse possession, land of
47

Alienated land, registration of transfer of
(47)

(209)

Appeal

sentence, approach on
27

to court of appeal by prosecution
27

Arbitration

award of, unclear
119

misconduct by arbitrators in
119

umpire
119

Arbitration

award of, unclear
119

misconduct by arbitrators in
119

umpire position of in
119

Attorney-General

powers in relation to customary land case
93

Automatism, defence of
7

Award, arbitrators by,
119

damages of
239

interest on
239

B

Bias, court of, applicable test
93

Bona fide, purchaser, registered land of
172

"British Protected person" meaning of in Constitution
86

Broadcast, previous convictions of accused of before trial
1

C

Carriage of Good by Sea 218

Certiorari, whether lies to Commissioner of High Court 218

Citizen, Solomon Islands of, meaning of 86

Civil procedure,

Issues, settlement of, magistrates court 218

Limitation, defence of, must be raised 218

Commissioner of High Court, whether subordinate to High Court 218

Constitution

Commissioner of High Court 150

Interpretation of

"British protected person"
86

"citizen of Solomon Islands"
86

"common law"
66

"leave of absence without salary
196

"public officer"
196

Contempt, Court of

by publication of previous convictions
1

penalty on
1

Conveyance

presumption of validity of
209

registered land of
47

registered land of, validity of
209

Convictions,

previous proof of, in absence of accused
19

publication of, prior to conviction, a contempt of court
1

sentencing, approach to on
43

"Common law", to be applied in Solomon Islands
66

Contract,

carriage of goods by sea for
218

sale of registered land for
172

Conveyance, registered land of
(47

(207

Criminal Law

automatism, defence of
7

burden of proof,

self defence of
27

"special reason of"
81

corroboration, in case of rape
145

drunkenness, defence of
108

intent, nature of
108

mens rea
7

rape, evidence necessary
108

self-defence, burden of proof of
27

sentence (see under sentence)

Criminal Procedure

absence of accused, trial in
19

appeal by prosecution to Court of Appeal
27

language of the court
135

previous convictions, how proved
19

retrial, on murder charge
135

Customary Land Appeal Court

bias alleged against, test of
93

survey by, refusal of
155

Customary Land

acquisition proceedings, effect on subsequent customary land case
155

Attorney-General, power of in relation to
93

issue estoppel, in relation to
(93

(229

judgments in relation to, not in rem
155

res judicata, in relation to
(93

(155

(229

D

Damages

assessment of
239

death on
66

deduction from, of sum paid under Workmens' Compensation Act
66

loss of eye for
239

loss of expectation of life for
66

loss of future earnings for
66

Deed, contract by, whether consideration necessary
47

Driving, whilst disqualified, sentence on
81

Drunkenness, defence as in criminal case
108

E

Election

Provincial, adequate notice of polling place
23

National,

date to assess qualification for
196

disqualified candidate standing, election void
196

qualification for
86

"citizen of Solomon Islands," meaning of
86

"public officer" meaning of
196

Engines, ship of whether total horsepower test for shipping regulation
225

Estoppel, issue, customary land case in
(93

(229

Evidence

absence of accused in
19

corroboration of complainant in sexual case
145

injury, where no direct evidence of cause of
7

rape, required to prove
145

supporting, desirable in sexual case
145

F

Forgery, sentence for
40

Fraud, registration of land by
172

G & H

High Court

commissioner
150

contempt of interior court, powers in relation to
1

supervisory jurisdiction
150

I

Imprisonment, in absence of accused, as alternative to fine
19

Intent, criminal case in
108

Interest, damages on
239

Intoxication, as defence in criminal case
108

Issue, settlement by Magistrates Court
218

Issue estoppel,

ascertainment of issues decided
229

customary land case in
(93

(229

J

Judgment, customary land case in, whether in rem or inter partes
93

estoppel by
(93

(229

issue, settlement in
218

L

Limitation, defence of, to be specifically raised
218

Local

acquisition proceedings, jurisdiction not ousted by
155

validity of conveyance of registered land, no
209

Loss of earnings, damages for
66

Loss of expectation of life, damages for
66

M

Manslaughter, sentence for
(27

(135

Misconduct, arbitrators by
119

Murder

automatism as defence to
7

matters in extenuation under s 197 Penal Code
27

self-defence, onus of proof
27

N

Natural justice

absence of parties, settlement of issues in
218

absence of one party, hearing of evidence by arbitrators
119

bias, where alleged, test of
93

O

Occupation, registered land of, meaning
172

Objection, member of court to, time for
93

P

Possession, registered land of, meaning
172

Priorities, registered land to
172

Prescription, acquisition of title by
47

Presumption, as to validity of conveyance
209

Previous convictions

proof of in absence of accused
19

sentence, effect on
(43

(40

Provocation, defence of, in murder
27

Procedure (see under Civil Procedure and Criminal Procedure)

Public Officer, qualification for election to Parliament
196

R

Rape,

evidence of
145

sentence for
43

Registered land

adverse possession, acquisition of title by
47

conveyance of
(47

(209

priorities in relation to trust, of
172

registration of,
209

registration of, fraud in
172

Res judicata, application to customary land cases
(93

(229

Retrial, order for, effect of
135

S

Self-defence

burden of proof in
27

test of
27

Sentence

appeal on, date to run from
135

breach of trust
40

driving whilst disqualified
81

exemplary
43

forgery
40

manslaughter
(27

(135

previous conviction, effect on
43

"Special reasons", in traffic case proof of
81

Survey, land of by custom court essential
155

Ship, engine power for purpose of Shipping Regulations
225

Shipping, carriage of goods by sea contract for
218

T

Title, registered

application for
209

priorities as to
172

Traffic, driving whilst disqualified, sentence on
81

Trial, absence at
19

U

Umpire, arbitration proceedings in, position of
119

V

View, land of, by custom court, whether essential
155

W

Workmens' Compensation

declaration of, in claim for damages
66

Wounding, intoxication as defence to
108

				Page
Akua, R v.				7
Allardyce Lumber Company Ltd, Official Administrator for Unrepresented Estates v.				66
Attorney-General v. Solomon Islands Broadcasting Corporation				1
Amasia, Sia v.				150
Belae v. Markwarth Shipping Company Limited				218
Bird and Another v. Registrar of Titles				47
Chief Marine Officer, South New Georgia Development Corporation Ltd v.				225
Coral Seas Ltd v. Gilmore				119
Gatu, Saemala v.				196
Gere, R v.				145
Ghomo, Lilo v.				229
Ghotokera, Lilo v.				155
Gilmore, Coral Seas Ltd v.				119
Kaboa v. R				43
Kauwai, R v.				108
Lilo and Another v. Ghomo				229
Lilo v. Ghotokera				155
Lilo v. Panda				155
Longa v. Solomon Taiyo Ltd				239
Magu v. R				40
Markwarth Shipping Company Limited, Belae v.				218
Official Administrator for Unrepresented Estates v. Allardyce Lumber Co. Ltd				66
Ome v. R				27
Paia v. Soakai				86
Paia, Talsasa v.				93
Panda, Lilo v.				155
PKR Pacific Sales Ltd, Trading Company (Solomons) Ltd v.				172
R, Kaboa v.				43
R, Magu v.				40
R, Ome v.				27
R, Suinakwala				135
R, Wilikai				81
R v. Akua				7
R v. Gere				145
R v. Kauwai				108
R v. Ome				27
R v. Tuto				19
Registrar of Titles, Bird and others v.				47
Registrar of Titles and others, Teteha and others v.				209
Returning Officer for Western Province, Tauku v.				23
Saemala v. Gatu				196
Sia v. Amasia				150
Soakai, Paia v.				86
Solomon Islands Broadcasting Corporation, Attorney-General				1
Solomon Taiyo Ltd, Longa v.				239
South New Georgia Development Corporation Ltd v. Chief Marine Officer				225
Suinakawala v. R.				135
Talasasa v. Paia and Another				93
Tauku v. Returning Officer for Western Province				23
Teteha and another v. Registrar of Titles and others				209
Trading Company (Solomons) Ltd v. PKR Pacific Sales Ltd				172
Tuto, R v.				19
Wilikai v. R				81
INDEX A
Acquisition proceedings, effect subsequent
	land case			155
Accused, absent at trial
	previous conviction of			19
	procedure on			19
Adverse possession, land of				47
Alienated land, registration of transfer of				(47) (209)
Appeal
	sentence, approach on			27
	to court of appeal by prosecution			27
Arbitration
	award of, unclear			119
	misconduct by arbitrators in			119
	umpire			119
Arbitration
	award of, unclear			119
	misconduct by arbitrators in			119
	umpire position of in			119
Attorney-General
	powers in relation to customary land case			93
Automatism, defence of				7
Award, arbitrators by,				119
	damages of			239
	interest on			239
B
Bias, court of, applicable test				93
Bona fide, purchaser, registered land of				172
"British Protected person" meaning of in Constitution				86
Broadcast, previous convictions of accused of before trial				1
C
Carriage of Good by Sea				218
Certiorari, whether lies to Commissioner of High Court				218
Citizen, Solomon Islands of, meaning of				86
Civil procedure,
	Issues, settlement of, magistrates court			218
	Limitation, defence of, must be raised			218
Commissioner of High Court, whether subordinate to High Court				218
Constitution
	Commissioner of High Court			150
	Interpretation of
		"British protected person"		86
		"citizen of Solomon Islands"		86
		"common law"		66
		"leave of absence without salary		196
		"public officer"		196
Contempt, Court of
	by publication of previous convictions			1
	penalty on			1
Conveyance
	presumption of validity of			209
	registered land of			47
	registered land of, validity of			209
Convictions,
	previous proof of, in absence of accused			19
	publication of, prior to conviction, a contempt of court			1
	sentencing, approach to on			43
"Common law", to be applied in Solomon Islands				66
Contract,
	carriage of goods by sea for			218
	sale of registered land for			172
Conveyance, registered land of				(47 (207
Criminal Law
	automatism, defence of			7
	burden of proof,
			self defence of	27
			"special reason of"	81
	corroboration, in case of rape			145
	drunkenness, defence of			108
	intent, nature of			108
	mens rea			7
	rape, evidence necessary			108
	self-defence, burden of proof of			27
	sentence (see under sentence)
Criminal Procedure
	absence of accused, trial in			19
	appeal by prosecution to Court of Appeal			27
	language of the court			135
	previous convictions, how proved			19
	retrial, on murder charge			135
Customary Land Appeal Court
	bias alleged against, test of			93
	survey by, refusal of			155
Customary Land
	acquisition proceedings, effect on subsequent customary land case			155
	Attorney-General, power of in relation to			93
	issue estoppel, in relation to			(93 (229
	judgments in relation to, not in rem			155
	res judicata, in relation to			(93 (155 (229
D
Damages
	assessment of			239
	death on			66
	deduction from, of sum paid under Workmens' Compensation Act			66
	loss of eye for			239
	loss of expectation of life for			66
	loss of future earnings for			66
Deed, contract by, whether consideration necessary				47
Driving, whilst disqualified, sentence on				81
Drunkenness, defence as in criminal case				108
E
Election
	Provincial, adequate notice of polling place			23
	National,
		date to assess qualification for		196
		disqualified candidate standing, election void		196
		qualification for		86
		"citizen of Solomon Islands," meaning of		86
		"public officer" meaning of		196
Engines, ship of whether total horsepower test for shipping regulation				225
Estoppel, issue, customary land case in				(93 (229
Evidence
	absence of accused in			19
	corroboration of complainant in sexual case			145
	injury, where no direct evidence of cause of			7
	rape, required to prove			145
	supporting, desirable in sexual case			145
F
Forgery, sentence for				40
Fraud, registration of land by				172
G & H
High Court
	commissioner			150
	contempt of interior court, powers in relation to			1
	supervisory jurisdiction			150
I
Imprisonment, in absence of accused, as alternative to fine				19
Intent, criminal case in				108
Interest, damages on				239
Intoxication, as defence in criminal case				108
Issue, settlement by Magistrates Court				218
Issue estoppel,
	ascertainment of issues decided			229
	customary land case in			(93 (229
J
Judgment, customary land case in, whether in rem or inter partes				93
	estoppel by			(93 (229
	issue, settlement in			218
L
Limitation, defence of, to be specifically raised				218
Local
	acquisition proceedings, jurisdiction not ousted by			155
	validity of conveyance of registered land, no			209
Loss of earnings, damages for				66
Loss of expectation of life, damages for				66
M
Manslaughter, sentence for				(27 (135
Misconduct, arbitrators by				119
Murder
	automatism as defence to			7
	matters in extenuation under s 197 Penal Code			27
	self-defence, onus of proof			27
N
Natural justice
	absence of parties, settlement of issues in			218
	absence of one party, hearing of evidence by arbitrators			119
	bias, where alleged, test of			93
O
Occupation, registered land of, meaning				172
Objection, member of court to, time for				93
P
Possession, registered land of, meaning				172
Priorities, registered land to				172
Prescription, acquisition of title by				47
Presumption, as to validity of conveyance				209
Previous convictions
	proof of in absence of accused			19
	sentence, effect on			(43 (40
Provocation, defence of, in murder				27
Procedure (see under Civil Procedure and Criminal Procedure)
Public Officer, qualification for election to Parliament				196
R
Rape,
	evidence of			145
	sentence for			43
Registered land
	adverse possession, acquisition of title by			47
	conveyance of			(47 (209
	priorities in relation to trust, of			172
	registration of,			209
	registration of, fraud in			172
Res judicata, application to customary land cases				(93 (229
Retrial, order for, effect of				135
S
Self-defence
	burden of proof in			27
	test of			27
Sentence
	appeal on, date to run from			135
	breach of trust			40
	driving whilst disqualified			81
	exemplary			43
	forgery			40
	manslaughter			(27 (135
	previous conviction, effect on			43
"Special reasons", in traffic case proof of				81
Survey, land of by custom court essential				155
Ship, engine power for purpose of Shipping Regulations				225
Shipping, carriage of goods by sea contract for				218
T
Title, registered
	application for			209
	priorities as to			172
Traffic, driving whilst disqualified, sentence on				81
Trial, absence at				19
U
Umpire, arbitration proceedings in, position of				119
V
View, land of, by custom court, whether essential				155
W
Workmens' Compensation
	declaration of, in claim for damages			66
Wounding, intoxication as defence to				108