State v Nave [2005] FJHC 442; HAC0009S.2005S (18 October 2005)

IN THE HIGH COURT OF FIJI
AT SUVA
CRIMINAL JURISDICTION

Crim. Case No: HAC0009 of 2005S

STATE

v.

VOREQE LALAKOHAI NAVE

Hearing: 18th October 2005
Sentence: 18th October 2005

Counsel: Mr. A. Ravindra-Singh for State
Mr. R. Singh for Accused

SENTENCE

Voreqe Lalakohai Nave, you have been convicted, on your plea of guilty, to the offence of manslaughter contrary to section 198 of the Penal Code. On the 3^rd of December 2004, at Tacirua Village, you unlawfully caused the death of Laiakini Colati.

The facts that you have agreed to are that you had an argument with your wife on the 3^rd of December. She ran away from you and you pursued her. You met the deceased in the village, and thinking that he was your wife, you punched him. That single punch caused him to fall backwards and hit his head on the road. You told your mother about the incident and she and other villagers carried the deceased to a house in the village. He was later taken to the CWM Hospital and was pronounced dead at 9pm on the same day.

You have two previous convictions for drunk and disorderly behaviour. Your counsel says that you also committed this offence whilst under the influence of alcohol.

Sentences for manslaughter vary widely. At the highest end of the scale, towards 10 or 12 years imprisonment, is the sentence passed on the offender who caused death with a high degree of violence, with minimal provocation. At the lowest end of the scale is the death caused in a drunken brawl and where there was a low degree of violence. The “death by a single punch” manslaughter usually results in a suspended sentence, because death is caused by the fall which is the result of the punch.

In your case I pick a starting point of 2 years imprisonment to reflect the fact that you did intend violence on your wife, and to reflect the consumption of alcohol. The aggravating factor is that the deceased died some hours later, and that he offered you no provocation at all. I would scale your sentence up to 3 years imprisonment.

In your favour is your guilty plea, the fact that you have reconciled with the family of the deceased, and your expressed remorse. I treat you as a first offender but note with concern that you appear to have a problem with the consumption of alcohol. I scale your sentence down to 12 months imprisonment.

I note however that you have spent 10 months in prison, in remand awaiting trial. This is the equivalent of a term of imprisonment in excess of 12 months, because as a serving prisoner you would be entitled to 1/3 remission.

In the circumstances I consider that you have, in effect, served your sentence. I therefore suspend your sentence of 12 months imprisonment for 2 years. If you re-offend in the next 2 years you may have your suspended sentence re-activated.

Nazhat Shameem
JUDGE

At Suva
18th October 2005