State v Taqabula [1993] FJHC 117; Hac0020t.1993s (9 December 1993)

IN THE HIGH COURT OF FIJI
(AT SUVA)
CRIMINAL JURISDICTION

CRIMINAL CASE NO. 20 OF 1993

STATE

-v-

SENITIKI TAQABULA

CHARGE: Manslaughter - Contrary to Section 198 of the Penal Code, Cap. 17.

Mr. Tuiqereqere for the State
Mr. J. Semisi for the Accused

SENTENCE

This is another sad case whereby a life has been lost.

The accused who has pleaded guilty is a first offender and was in custody for 7 months before he was allowed bail. These matters I have taken into account in considering the appropriate sentence to be imposed against accused. Accused is a young man who committed this offence when he was nearly 20 years. He has pleaded through his Counsel for mercy not to be sent to prison as he had realised while he was in custody for 7 months that such life was hard and not really for him. I've taken into account the mitigation of accused's counsel and while I regard the use of a knife or other weapons in cases of manslaughter, I cannot disregard that the accused stabbed the deceased in the heat of the moment. When he realised what he had done he did not hesitate but made his way to the Nasinu Police Station to report the incident. He has shown remorse by pleading guilty to the charge. While cases involving the use of knives and weapons normally warrants immediate custodial sentence, in my view each case should be treated on its own merit. Having regards to the facts and circumstances surrounding this case together with the mitigating factors, I believe that this accused should be given a clearance to reform himself outside prison. In say this I also appreciate the relatives of the deceased who have lost a member of their clan. The accused, however, is also related to the deceased through the marriage of his sister.

I therefore believe that the most appropriate sentence in this case is a term of 18 months suspended for 2 years and I so order.

S W Kepa
JUDGE

9th December, 1993

HAC0020T.93S