State v Ledua [1995] FJHC 163; Hac0008t.94s (21 November 1995)

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

CRIMINAL CASE NO. HAC0008 OF 1994

BETWEEN:

STATE

-v-

1. AKAPUSI LEDUA
2. LEDUA LABATI
3. ISIMELI TELA

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

Mr. J. Naigulevu for State
Mr. J. Semisi for Accused

SENTENCE

It is quite clear that on the facts of this case the Manslaughter committed by the Accused was one of the worst of its kind to come before this Court.

Admittedly there was provocation for the act of the Accuseds but it was plainly not of such a nature as to require a vicious and ruthless attack on a helpless person who was trying to flee from the fighting inside the Night Club.

The deceased was lying helpless on the floor after being punched and kicked by the accused persons, but not content to stop they went on hit him with bottles and broken chairs together with a table stand.

In a sense the Accuseds are perhaps fortunate not to have been charged with Murder.

In assessing the sentence in this case, I have taken into account all that has been said in mitigation for the Accused persons. I have also taken into account the previous convictions of 1st and 3rd accused and the fact that 2nd accused is a first offender.

I have also been guided by the learned author of the Principles of Sentencing D.A. Thomas Second Edition at page 83 in arriving at the appropriate sentence in this case.

Although the 2nd Accused is a first offender I could find no good reason why his sentence should be different from the 1st and 3rd Accused as he was quite active and aggressive in his assault on the helpless deceased.

In the view of this Court a proper sentence in this case is 4 years imprisonment against each of the 3 accused persons.

It is ordered accordingly.

[S W Kepa]
JUDGE

21st November, 1995

HAC0008T.94S