State v Samy [2007] FJHC 78; HAC029S.06 (29 November 2007)

IN THE HIGH COURT OF FIJI
AT SUVA
CRIMINAL JURISDICTION

Criminal Case No: HAC 029 of 2006

STATE

v.

RAJENDRA SAMY s/o Krishna Samy

Hearing: 26th – 29th November 2007
Sentence: 29th November 2007

Counsel: Mr. A. Ravindra-Singh & Ms S. Hamza for State
Mr. D. Prasad for Accused

SENTENCE

Rajendra Samy, you have pleaded guilty to three counts of attempted murder. On the 7th of June 2006 at Tiloko Lane, Nadawa, you attempted to kill your mother Ram Kuar, and your two 19 year old nephews Amit Raj Sami and Ashneel Aman Chand. On the 6th of June 2006 you recorded in your diary a plan to execute your mother, brother, sister and brother-in-law, and then to commit suicide. You were having on-going financial disputes with your mother and sister. Your counsel says that your plan was only to frighten your mother into leaving the country.

On the 7th of June 2006 you went to your mother’s flat and asked her to make rasam for you. You sent Anit to the shop to buy the Fiji Times. You went to your own flat and got a chopper. You approached your mother and struck her with the chopper on the face, head and neck. She called for help and your nephews arrived on the scene. When Amit Raj picked up a piece of timber to hit you, you struck him with the same chopper. He received injuries to his forehead, neck and two of his fingers were chopped off. You then struck Ashneel on the head with the chopper. Ashneel pulled the chopper from you and fled the scene. You went to your taxi, took rope, an axe and a file which you had put there earlier, and tried to commit suicide in your flat.

Your mother was taken to the hospital and found to have incised wounds over her face and neck. The wounds needed stitching. Ashneel had laceration on his forehead and hands. He also had lacerations on his leg, and knee. Amit had a cut on his right forehead, the back of his neck and two amputated fingers. Your mother in particular received the most serious long term injuries. She was hospitalised for some 20 days and had an open fracture to her right 4th and 5th metacarpal bones. In September 2006 she was still receiving physiotherapy to try to regain function of her hands. She is 67 years old.

Your counsel has mitigated on your behalf and tendered written references. He called your brother (also Rajendra Samy) and his son and your nephew Amit Raj. They have forgiven you, and speak of you as a kind and caring brother and father. Counsel suggested that Ram Kuar, the victim on Count 1 subjected you and your siblings to verbal and physical abuse as children. The State disputes that. I make no finding on the alleged abuse, but accept that ill-feeling has existed between you and your mother for years, and that this was partly the cause of this tragic incident. I also accept that the incident was out of character for you, and that you are otherwise devoted to your family. You are a first offender. You are 43 years old and educated up to Form 7. You have helped to bring up your brothers and sisters and have paid for the education of your nephews. I accept that you are remorseful.

However, this incident was a horrific one. The victims have received permanent injuries and will live with the emotional effects of the trauma of your attack for years to come. The incident has further divided the family. This was a most serious case of attempted murder.

In the recent case of State v. Bobby Hemant Singh HAC 052 of 2007(L), Winter J sentenced the accused, a 32 year old man to 8 years imprisonment for trying to kill his de facto spouse setting her on fire with kerosene and matches. That was also a premeditated case of attempted murder. His Lordship picked 9 years as his starting point. The maximum penalty for attempted murder is life imprisonment.

In this case on each count, I pick the same starting point. The victim impact statements submitted by the State shows that Ashneel continues to suffer from headaches and dizziness, and has been unable to work as a result of the assault. He is 20 years old. Ram Kuar’s victim impact statement shows that apart from the 4 incised wounds on her face and neck, she is emotionally depressed and lives in fear. Her relationship with her other family members has broken down. She will now return to the United States.

Given the degree of premeditation, the use of dangerous weapon, the lasting injuries on the victims and the betrayal of trust, I arrive at 11 years imprisonment. I deduct 2 years for your guilty plea. I arrive at a sentence of 9 years imprisonment on each count. The total term would be excessive if I ordered consecutive terms. I therefore sentence you to 9 years imprisonment on each count to be served concurrently.

Nazhat Shameem
JUDGE

At Suva
29th November 2007