State v Takala [1995] FJHC 102; Hac0002t.1995s (7 June 1995)

IN THE HIGH COURT OF FIJI
AT SUVA
CRIMINAL JURISDICTION

CRIMINAL CASE NO. HAC0002 OF 1995

STATE

v.

IOBE TAKALA

Counsel: Mr. McNaughtan for State
Mr. R. Chand for Accused

Hearing: 15 to 30 May, 1 and 7 June 1995
Sentencing: 7th June 1995

SENTENCING REMARKS OF PAIN J.

Iobe Takala, you have been found guilty of the crime of manslaughter.

The basic circumstances involve a situation that is all too common in cases coming before this court. For some reason or other, a man is attacked. While he is lying helpless on the ground and not retaliating, blows are struck upon him. These are of sufficient force to cause a serious injury that results in death. Such conduct is inexcusable in any society. It rightly deserves censure and punishment.

In this case, the attack upon the deceased causing his death must be regarded as relatively serious. You and other members of the group were annoyed with the conduct of the deceased. That conduct was little more than nuisance value. He was very drunk, to the extent of hardly being capable of standing up. He joined in to support his friend Paula who was being assaulted by his father. He punched the father once. Two eye witnesses said that the punch was ineffectual. A short time later he also punched another person and there is no evidence to show that this punch was of any greater significance.

You then intervened, knocked him to the ground, kicked him and stomped upon him. He was completely helpless and did not retaliate in any way. Any kick to the head is a potentially dangerous assault. In this case it was of considerable force and caused brain injury which resulted in death. A sentence of imprisonment is clearly called for.

In l988 the Court of Appeal in the case of Koroi, indicated that sentences in Fiji for manslaughter cases have generally ranged from 9 months to 6 years imprisonment. Sentences in excess of 6 years have been for exceptionally serious cases.

In comparison to other cases, your offending, although serious is not within the category of offending that attracts a very lengthy sentence. I say this because the attack was not prolonged and no weapon was used. You have not acknowledged your responsibility although some contrition has been expressed during the trial.

There are some mitigating circumstances that I do have regard to. The deceased was earlier assaulted by others on this day. You did not initiate the attack upon him. It appears from your caution statement that your intention was to stop him from causing any further trouble. However you set about achieving this in a far too forceful way. You have no previous convictions and have lived your life within your village setting. You are married and have one child.

Also, although not mentioned by counsel, I cannot overlook the evidence of Dr. Ram of the beneficial effects that he says could have been achieved for the deceased by an urgent angiogram and surgery to remove the blood clot. Although not providing a defence, it is a matter to be taken into account on sentence.

Weighing all these matters up, I consider a sentence within the medium range to be appropriate.

You are convicted and sentenced to 3 years imprisonment.

JUSTICE D.B. PAIN

HAC0002T.95S