Rokotuinakelo v The State [2005] FJHC 342; HAA0161.2005L (18 November 2005)

IN THE HIGH COURT OF FIJI
AT LAUTOKA
APPELLATE JURISDICTION

CRIMINAL APPEAL NO. HAA0161 OF 2005L

MANUELI ROKOTUINAKELO

v.

THE STATE

Appellant in Person
Mr. S. Qica for the State

Date of Hearing: 18 November 2005
Date of Ruling: 18 November 2005

EXTEMPORE RULING ON APPEAL

The appellant appeals against the sentence imposed on him of 3 years imprisonment at Nadi Magistrates Court on the 19^th February 2005.

Statement of Offence

ACT WITH INTENT TO CAUSE GRIEVOUS BODILY HARM: Contrary to section 224(a) of the Penal Code, Cap. 17.

Particulars of Offence

MANUELI ROKOTUINAKELO, on the 6^th day of February 2005 at Navakai, Nadi in the Western Division, with intent to cause grievous bodily harm to VASENAI NAIVALULEVU, struck the said VASENAI NAIVALULEVU with a kitchen knife.

The particulars of the offence as accepted by you and as put before the Magistrate are that on Sunday, the 6^th February 2005 at about 1130 hours you hit Vasenai Naivalulevu with a kitchen knife on her left thigh causing her grievous bodily harm. On that day, you and your wife were talking when an argument arose, she walked past you and you said to her not to show her black ass in front of you. She then called you names, you got very angry and you started punching and kicking her when she fell to the ground. You took a kitchen knife and stabbed her left thigh causing injuries. The matter was then reported to the police and she went to the hospital. You were arrested and charged. To you credit, you entered a plea of guilty on your first appearance in Court on the 19^th February 2005.

Before the Learned Magistrate you said you were 43 years of age that you were sorry that you made a mistake that you lost your temper and got very angry. You now tell this Court that you and your wife have reconciled and whilst I acknowledged that this is not a reconcilable offence, certainly the fact that you and your wife have reconciled is a matter for the Court to take into account in mitigation.

You have prior convictions which include in recent years being drunk and disorderly and damaging property..

In State v Mokubula – HAA0052 of 2003S, Madam Justice Shameem said when considering the tariff for this type of offence that the starting point should range from 2 years imprisonment to 5 years imprisonment depending on the nature of the weapon. Here the weapon is a kitchen knife. There is however here no premeditation, no planning and there is what might be considered some provocation by virtue of the argument that was occurring between you and your wife at the time.

I consider therefore in the circumstances that an appropriate starting point taking account of the aggravating factors to which I have referred is 4 years imprisonment. From that you are entitled to a discount of approximately one-third for your early plea of guilty and you are entitled to a further discount for having subsequently reconciled with your wife.

In the circumstances therefore I am of the opinion that an appropriate resultant sentence is 12 months imprisonment and accordingly the appeal is allowed, conviction is confirmed, I quash the sentence of 3 years imprisonment and in lieu thereof I sentence you to a period of imprisonment of 12 months.

JOHN CONNORS
JUDGE

At Lautoka
18 November 2005