Criminal Law in Solomon Islands
Table Of Contents
When interpreting any section of the Penal Code (Ch. 26), section 3 must be considered. That section states:
'This Code shall be interpreted in accordance with the Interpretation and General Provisions Act and the principles of legal interpretation obtaining in England, and expressions used in it shall be presumed, so far as is consistent with their context, and except as may be otherwise expressly provided, to be used with the meaning attaching to them in English criminal law and shall be construed in accordance therewith.' (emphasis added)
The courts have consistently held that the mens rea of every type of offence against the person covers both actual intent and recklessness, in the sense of taking the risk of harm ensuing with foresight that it might happen, see R v Spratt (1990) 91 CrAppR 362 [ 2 AllER 210;  1 WLR 1073;  CrimLR 797] at page 370.
The jurisdiction of the Courts in respect of the offence of 'Grievous Harm' is examined commencing on page 14.
The law relating to 'Sentencing' in respect of that offence is examined commencing on page 918.
The following offences are related to the offence of 'Grievous Harm':
Report an error