State v Colata [2008] FJHC 86; HAC030S.2007S (29 April 2008)

IN THE HIGH COURT OF FIJI
AT SUVA
CRIMINAL JURISDICTION

Criminal Case No: HAC 30 of 2007

STATE

v.

JEFFERY VEIBATAKI
VULIKIVAVALAGI COLATA

Hearing: 21st April 2008 – 29th April 2008
Sentence: 29th April 2008

Counsel: Ms L. Lagilevu for State
Mr. G. O’Driscoll for Accused

SENTENCE

Jeffery Colata, you have been found guilty of the manslaughter of Lepani Rokoduvunivosa and convicted.

On the 25th of November 2006 you saw a group of drunk men on the road, you came down to the road to confront them, you became involved in an exchange of words with two of them and you punched the deceased twice. The second punch caused him to fall backwards on to the concrete footpath. He died of cranio-cerebral injuries caused by the blunt impact, two weeks later.

The tariff for manslaughter is one of the widest in the criminal justice system. It is between a suspended sentence to 12 years imprisonment. The reason for the width of the tariff is that cases of manslaughter vary widely. Sentences in the lower end of the scale are imposed where the degree of provocation offered by the deceased is great, and the violence inflicted by the accused is minimal.

In most cases of manslaughter after a drunken brawl involving either punches or kicks the courts have imposed between 18 months imprisonment (State v. Francis Bulewa Kean HAC 037 of 2007) to 2½ years imprisonment (State v. Apete Kuliniasiasi HAC 008 of 2004). Suspended sentences for manslaughter are rare because the courts accept the sanctity of human life. They are only imposed when the assault was minor, there was a guilty plea, or there was gross negligence rather than a wilful assault, and where the parties are related. They are also imposed where there was grievous provocation offered by the deceased.

In this case, I consider any provocation offered by the deceased to be almost non-existent. He was undoubtedly irritating and very drunk but his conduct required no response from you. However, I also consider the violence you inflicted to be minimal. Your first punch apparently left no injury and the second caused the deceased to hit his head on the concrete footpath. I therefore pick 4 years imprisonment as my starting point. I take into account the evidence of your grandfather that you come from a good family, that you were Head Boy at your school, that you are a keen sportsman and that this incident is out of character for you. I also accept that you have a baby daughter you are bringing up yourself and that you intend to seek traditional forgiveness from the family of the deceased. I also take into account the aggravating factors, the fact that the deceased was too drunk to respond clearly to the incident, the fact that he did not die until the 6th of December 2006 after he was kept on a life support machine, and the undoubted loss and grief to his family.

Taking into account all mitigating factors and all aggravating factors including the fact that you brought this entire situation upon yourself by coming downstairs to challenge the deceased, I sentence you to 2 years imprisonment. I decline to suspend your sentence in the absence of any special circumstances.

Nazhat Shameem
JUDGE

At Suva
29th April 2008