State v Sevici - sentence [1994] FJHC 17; Hac0018t.1993s (17 February 1994)

IN THE HIGH COURT OF FIJI
(SUVA)
CRIMINAL JURISDICTION

CRIMINAL CASE NO. 18 OF 1993

STATE

-v-

LEONE SEVICI
Aka FANE

CHARGE: RAPE: Contrary to Sections 149 & 150 of the Penal Code, Cap.17

Ms. S. Kaimacuata for the State
Accused in person.

SENTENCE

In this case, it is clear to me that the complainant was subjected to some beatings before she was sexually assaulted, and it was done in broad day light in circumstances which were most demeaning and pitiful. There is very little one can say by way of mitigation for the Accused.

The complainant was a member of a drinking party, and was treated in a most undignified, humiliating and cruel manner. No doubt, alcohol played a large part in this sorry state of affairs, but that can be no real excuse in such a serious matter of rape.

Offences of rape have become contagious and prevalent in our society and appear to be increasing all the time. It is clear that women must be protected from lustful and thoughtless men. A deterrent sentence is clearly called for.

I have noted your previous convictions, which do not speak too well for you. Unless you learn from your errors in the past and your error now, the future must look very gloomy for you and your family.

The sentence of this Court is five years imprisonment.

It remains for me to thank you Lady and Gentlemen Assessors for participating in this trial and for your assistance to this Court. On behalf of myself and this Court, and the public at large, I sincerely thank you.

S W Kepa
JUDGE

17th February, 1994

HAC0018T.93S