State v Manuave [1996] FJHC 109; Hac0010t.95s (28 March 1996)

IN THE HIGH COURT OF FIJI
At Suva
Criminal Jurisdiction

CRIMINAL CASE NO. 0010 OF 1995

THE STATE

v.

JOELI MANUAVE

MURDER: Contrary to Section 199/200 of the Penal Code Cap. 17

Mr. D. McNaughton and Ms. L. Tabuya for the State
Mr. R. Chand for the Accused

SENTENCE

Joeli Manuave you have been convicted of the offence of Manslaughter for which our law provides a maximum penalty of life imprisonment.

In this case you unlawfully assaulted Sailosi Ratuvou and thereby caused his untimely death. His death is on your hands and your conscience to bear for the rest of your life and no sentence I pass can bring him back to life.

You killed Sailosi whilst working as a head security at the Ambassador Niteclub. In that position you very often have to deal with difficult and intoxicated customers and you must be expected to exercise a greater degree of self restraint and patience than most of us are called upon to exercise in our daily employment.

Your record of previous convictions demonstrates a propensity to use physical violence and it is unfortunate that you have not yet learned to control your anger. I note that the Courts have in your most recent convictions since 1986, shown you considerable leniency in not imposing upon you a custodial sentence. It is a shame that you have not respected that leniency and re-offended this time with fatal results.

I am mindful of all that has been urged by your counsel on your behalf and especially the fact that you have been remanded in prison for over 10 months ; but a custodial sentence cannot be avoided.

You are accordingly sentenced to 3 years imprisonment. The sentence to take effect from the 17th of June, 1995.

Assessors thanked and discharged.

(D.V. Fatiaki)
JUDGE

28th March, 1996.

HAC0010T.95S