State v Adigakula [1990] FJHC 7; Hac0011t.90s (6 January 1990)

IN THE HIGH COURT OF FIJI
AT SUVA
CRIMINAL JURISDICTION

CRIMINAL CASE NO. No. 11 of 1990

STATE

v

SELEIMA ADIGAKULA

INFANTICIDE: Contrary to Section 205 of the Penal Code, Cap. 17

SENTENCE

The defendant was originally charged with an offence of Murder which was subsequently reduced by the prosecution to the less serious offence of Infanticide.

By definition Infanticide occurs where a mother wilfully causes the death of her new born child but at the time of committing the offence her mind was disturbed by reason of her not having fully recovered from the effect of giving birth.

This is a sad and pathetic case. Sad because the life of a young completely innocent baby has been taken by her mother and pathetic because of the reason which drove her mother who had carried her for 9 months to adopt such an extreme course of conduct.

The defendant has pleaded guilty and has expressed her deep and sincere remorse. In her own words: "I realise that I have done something that really hurts me."

I have taken into account every thing that learned defence counsel has urged on the defendant's behalf but I cannot ignore the fact that this is the defendant's second child born out of wedlock.

I am also aware that in the past 12 months this court has had to deal with 2 other cases of infanticide in which prison sentences were imposed.

The law exists to protect the innocent and there is none more innocent than a new born babe especially one who is born into the circumstances prevailing in this case.

The Consultant Psychiatrist's conclusion of the defendant is that she is a person of "borderline intelligence and her act was a person of limited intelligence's solution to a problem". Babies are not "problems" and if they are, it is not of their choosing.

Be that as it may this case deserves a deterrent custodial sentence. Bearing in mind that the defendant has already spent almost 6 months in remand which represents an effective sentence of 9 months imprisonment, the most lenient sentence that this court can impose is one of 12 months imprisonment with effect from the 15th of December, 1989.

(D.V. Fatiaki)
JUDGE

At Suva,
1st June, 1990.

HAC0011T.90S