State v Civatabua [1993] FJHC 67; Hac0004j.93s (17 August 1993)

IN THE HIGH COURT OF FIJI
(SUVA)
CRIMINAL JURISDICTION

CRIMINAL CASE NO. 4 OF 1993

STATE

-v-

JONE CIVATABUA

CHARGE: Manslaughter -
Contrary to Section 199(i) of the Penal Code, Cap.17.

Mr. I. Wickramanayake for the State
Mr. J. Semisi for the Accused

JUDGMENT

This is a very sad case indeed as it has resulted in the loss of a life, which is always an unfortunate thing to happen.

It is evident in this case that if the deceased had allowed the accused to speak to his step daughter Lilieta, this unfortunate incident resulting in his death would have been avoided.

It is a fact that both accused and Lilieta were having a love affair. I am somewhat surprised by the action of deceased on that fateful day, that no sooner had the accused sat down and asked to speak to Lilieta he without any reason and hesitation advanced towards the accused and started assaulting him. The accused went outside and deceased followed him which he should not have done. As a result he lost his life in the subsequent fight when accused used a knife and stabbed him to his death. The accused on the other hand should not have resorted to the use of a knife but should have run away from deceased.

I have had the benefit of reading a statement from Lilieta tendered to Court which revealed why the deceased was so annoyed and jealous of accused's relationship with his step daughter. In considering the appropriate sentence to be imposed against the accused I have taken into account his plea of guilty which has shown remorse on his part. I have also taken into account the persuasive plea in mitigation by Mr. Semisi, together with the facts and circumstances surrounding this case.

I have also been guided by the learned author D.H. Thomas in his Book "Principles of Sentencing" second Edition at page 84 para 1 which I quote-

"The use of a weapon in circumstances which would justify a conviction for maliciously inflicting grievous bodily harm will lead to a longer sentence, within the range of four to six years."

Although this case comes within the category stated by the learned author (D.H. Thomas) the mitigating factors in favour of the accused must be considered as persuasive in assuring at what the Court finds as the most appropriate sentence that it ought to impose.

In doing that I have given careful consideration to accused's plea of guilty, the deceased's contribution to his own fate and the eloquent plea in mitigation by Mr.Semisi. I consider that the most appropriate sentence, taking into account the period that accused had already spent in prison is a term of imprisonment of 2 years and I so order.

S W Kepa
JUDGE

17th August, 1993

HAC0004J.93S