State v Nair [1990] FJHC 60; HAC0032.1999s (4 September 1990)

IN THE HIGH COURT OF FIJI
CRIMINAL JURISDICTION

CRIMINAL CASE NO. 32 OF 1989

STATE

v

EVANGELINE KIRAN NAIR

INFANTICIDE: Contrary to Section 199 of the Penal Code, Cap. 17

Mr. S. Senaratne for the Prosecution
Mr. Howard for the Accused

SENTENCE

There is no doubt in this case that the accused intended to kill herself after killing her infant. This is apparent from the death note she left behind on that fateful day, 3^rd June 1989. But unfortunately for her she found herself alive while her infant was dead. When she regained consciousness and realized what had actually happened her feelings must have been harrowing indeed. There cannot possibly be a greater punishment to a mother than finding herself in such a predicament through her own act. Even so this court cannot condone such crimes which shock the conscience of society.

I therefore bind over the accused under S.42(1) of the Penal Code to be of good behaviour for a period of 1 year from today in a sum of $500 with her father as surety in a like sum and to come for sentence when called upon during this period on two added conditions that (1) she continues the outdoor psychiatric treatment she is now undergoing for the same period and (2) she makes no further attempt on her own life.’

(M.D Jesuratnam)
JUDGE

At Suva
9^th April, 1990

HAC0032.99S