rule. Where a weapon is used, where an attackrutal and where the provocation has not been overwhelming, a custodial sentence is clearly
arly called for.
In Kim Nam Bae -v- The State Criminal Appeal No. AAU0015/1998S, the Court of Appeal saat the tariff in Fiji for Manslaughter was from a suspendedended sentence
where there may have been grave provocation to 12 years imprisonment where the degree of violence is high and the provocation is
minimal.
I take into account all that has been said on your behalf by counsel. Your ages, your family background, and the anguish suf by both
of you on the nigh night of the 17th of December are all relevant to the question of sentence. Your previous good records and your
general good behaviour lie in your favour. For Avinesh, I take into account the fact that you joined your brother in the fight because
you thought your brother needed your help, and also that you gave him the knife because it was your older brother who asked for it.
I also take into account your secondary role in the assault.
I also consider the evidence given on your behalf by Sayed Nizam Ud-Dean, Reverend Simon Narayan, Tevita Uluiviti and Jitendmar, all
of whom speak of A of Anand Dinesh Mani’s good character, pleasant and hard-working nature and the real remorse both Defendants now
feel.
However I cannot ignore the use of the knife, the fact that tt defendant went back to the Purple Haze Nightclub, having already experienced
trouble ther there, the fact that the 1st defendant used a knife three times on the deceased, and the fact that the 2nd
defendant aided and abetted him knowing that his brother had a knife, or was in a joint enterprise with him. I cannot ignore the fact
thlife was lost senselessly bsly because the 1st defendant did not have the sense to keep away from a potentially violent situation.
Although I do not put this case into a category of minimal provocation with gviolence, nor do I consider it a case of grave provocation
tion with minimal violence. I do not consider a suspended sentence to be appropriate on the facts of this case.
In all the circumstances I sentence you as follows:
Count 1
1st Defendant - ;&nbssp;nbbsp;nbsp;&nbbsp;&bsp; &nbsyearsisonmenonment
2nd Defendant - ;&nspp;&nssp; 4 yemprisonmentnment
Count 2
n lang=EN-GB>
1st Defendant - &nbssp; ;&nspp; &nbp; &nbp; 6 months imnmeno to be sere served concurrently with the term imposed on count one.
