State v Ladpeter [2005] FJHC 25; HAC0019X.2004S (16 February 2005)

IN THE HIGH COURT OF FIJI
AT SUVA
CRIMINAL JURISDICTION

Criminal Case No: HAC0019 of 2004S

STATE

v.

EUGENE T.M.C. LADPETER

Hearing: 1st February 2005 – 16th February 2005
Sentence: 16th February 2005

Hearing: Mr. B. Solanki for State
Accused in Person

SENTENCE

Eugene Tuni Michael Ladpeter, you have been found guilty of the offence of manslaughter. On the 4th of July 2004, you killed Jese Roserutabua whilst under provocation.

The tariff for manslaughter is a suspended sentence to 12 years imprisonment. However, most sentences for manslaughter on the ground of provocation, range from 4 to 7 years, with lower sentences passed where the provocation was grave, and the violence minimal.

In your case, the provocation was grave. I do not underestimate, on the mind of a 20 year old man, the effect of a sexual advance by another man in circumstances which suggested that there was an intention to have sexual intercourse without consent. The provocation was grave, but the violence you inflicted was also grave. The blows you admitted to were so powerful that they caused multiple fractures, concussion, brain haemorrhage and the flattening of the face. This was a brutal assault.

Taking these matters into account I take as my starting point 7 years imprisonment. Aggravating factors were the fact that you appeared to have accompanied the deceased to an isolated spot where you knew there was a plan to rape the deceased’s wife, your failure to seek help for the deceased after the assault and the nature of the assault.

Mitigating factors are your difficult upbringing, your broken family life, your youth, your refusal to co-operate with the deceased when he wanted to rape his wife, and your very real anger that the deceased wanted to have sexual intercourse with you. This last factor was indeed a grievous insult to you.

Taking all these factors into account, I sentence you to 6 years imprisonment. Although in principle this should be a consecutive sentence, I consider that the total length of almost 8 years imprisonment is excessive for a person of your age. You are currently serving a 21 month term for separate offences. I therefore order that the term of imprisonment imposed in this case be served concurrent to the term you are now serving.

I note that you are concerned about the possibility of personal and violent attacks in prison, because of the homosexual overtones of this case. However, where and how you are to be confined is a matter for the consideration of the Commissioner of Prisons. I am certain that he will take into account your concerns in making that decision.

You are sentenced to 6 years imprisonment, concurrent to the term you are currently serving.

Nazhat Shameem
JUDGE

At Suva
16th February 2005