State v Sowane [2010] FJHC 133; HAC004.2008 (19 April 2010)

IN THE HIGH COURT OF FIJI
AT LABASA
CRIMINAL JURISDICTION

HIGH COURT CRIMINAL CASE NO: HAC 004 OF 2008
CRIMINAL CASE NO: 2 OF 2008

BETWEEN:

STATE
PROSECUTION

AND:

ALIPATE SOWANE
ACCUSED PERSON

Counsel: State - Mr. Kaisamy and Mr. L Savou
Accused Person - Mr. Lee

SENTENCE

Alipate Sowane you were convicted of manslaughter.

The facts of this case are that you after consuming alcohol and after altercation with the deceased you threw a stone on the deceased which struck on his head. The deceased died on the head injuries caused by the said act of yours.

The cases demonstrate that the penalty imposed for manslaughter ranges from a suspended sentence where there may have been grave provocation to 12 years imprisonment where the degree of violence is high and provocation is minimal. Kim Nem Bae v The State Crim Appeal No AAU0015/1998S (FCA).

In this case the evidence shows that if at all you got provoked the provocation is minimal when court considers the act of the deceased. On the evidence placed before court when you were punched you went back to Bill Low and wanted Bill Low to come and fight the deceased. Only there after you threw the stone on the deceased. Therefore the provocation is minimal.

Your aggravating factors are that you did not even care for the personal safety of the deceased when you threw the stone and that you used a stone to commit the offence.

Court considers the mitigating factors submitted on behalf of you.

That you live with your grand parents and they are depending on you. You sincerely regret your actions and remorseful, that you threw a single stone on deceased.

Further the court considers that you were ready and wanted to plead guilty to a lesser offence of manslaughter if the prosecution reduced the charge of murder to manslaughter.

Therefore you are entitle to a discount in sentence for early plea of guilty as if you pleaded guilty to the charge of manslaughter.

You have 10 previous convictions and one of which is on throwing an object and therefore you are not entitle to a discount on previous good behaviour.

Considering the above facts the aggravating factors, mitigating factors and your wanting to early plea of guilty as mentioned above and your period in remand, I sentence you to 3 years imprisonment.

You have 30 days to appeal.

Priyantha Fernando
Puisne Judge

At Labasa
19 April 2010