State v Dutt [2008] FJHC 136; HAC060.2007 (4 July 2008)

IN THE HIGH COURT OF FIJI
AT LAUTOKA
CRIMINAL JURISDICTION

Criminal Case No.: HAC 060 of 2007

BETWEEN:

THE STATE

AND:

SANIL DUTT s/o Sunil Dutt

Counsel: Ms. V. Lidise for the State
Accused in Person

Date of Hearing & Judgment: Friday 4th July, 2008

JUDGMENT

[1] Sanil Dutt, I am satisfied that you have pleaded guilty to the offence of act with intent to cause grievous harm contrary to section 224(a) of the Penal Code freely and voluntarily, after knowingly and intelligently waiving your right to legal representation and trial rights.

[2] I accept your plea of guilty and convict you for the offence of act with intent to cause grievous harm contrary to section 224(a) of the Penal Code.

[3] This is your sentence.

[4] The facts are that on 26th January, 2007 you were watching a movie at your home when you heard your mother and your wife quarrelling. You intervened. Your mother felt that you were taking your wife’s side and so she pushed you away. You responded by punching her. Your mother then hit you with a rolling pin on your back. You further assaulted your mother by throwing punches at her. She ran outside. You followed and threw a stone at her. You got hold of her and pushed her down to the ground. You ran to your house and returned with a long handled knife.

[5] Your sister intervened to stop you from assaulting your mother with the knife. You assaulted your sister and she let you go. I disregard the assault on your sister for the purposes of sentencing in this matter.

[6] You got hold of your mother by the hand and dragged her to the back of your tenant’s house. Your tenant tried to intervene but you warned her not to come near.

[8] You then struck your mother on her head with the knife. Your mother lost consciousness.

[9] You surrendered yourself when the police arrived at your home. You co-operated with the police. You admitted the offence when the police interviewed you under caution.

[10] Your mother was seriously injured. She received a 10 centimeter long cut on her head that penetrated to the skull causing a fracture of the parietal bone. She was hospitalized for 5 days. You have sought forgiveness from her and she has forgiven you.

[11] In mitigation, it was said on your behalf that you are remorseful. You are 23 years old. You are employed by a hotel as a driver. You have attained up to Form 4 education. You are married with two young children. Your family is depended on you for support. You have two previous convictions. The first conviction is for abduction in 2005 for which you received a suspended sentence. The second conviction is for common assault in 2006. You have committed the offence in this case whilst serving a suspended sentence for abduction. You are not entitled for any credit for previous good character.

[12] I take into account your early guilty plea and remorse. I take into account that you committed the offence in the circumstances of high emotions. You were provoked by the way your mother treated your wife. However, I do not consider the provocation to be extreme.

[13] The use of a knife to inflict a serious wound, the assaults by way of punches, the breach of victim’s trust and the dragging and punching of your mother, are the aggravating factors.

[14] The nature of the offending is such that a custodial sentence is warranted.

[15] After taking into account all these factors, I sentence you to 18 months imprisonment. Because of your early guilty plea in this matter, I have decided not to activate your earlier suspended sentence for abduction.

[16] Sanil Dutt your conduct is a disgrace to the essence of mother son relationship. You do not place a hand on your mother no matter how provoked or angry you are because of your mother’s conduct.

[17] Your sentence is 18 months imprisonment.

Daniel Goundar
JUDGE

At Lautoka
Friday 4th July, 2008

Solicitors:
Office of the Director of Public Prosecutions, Lautoka for the State
In Person for the Accused