State v Atik [2010] FJHC 199; HAC045.2009 (10 June 2010)

IN THE HIGH COURT OF FIJI
AT LAUTOKA
CRIMINAL JURISDICTION

CRIMINAL CASE NO. HAC 045 OF 2009

STATE

vs

MOHAMMED ATIK
s/o Mohammed Hanif

Mr J. Singh for the State
Accused in person

Date of Hearing: 7, 8, 9 and 10 June 2010
Date of Sentence: 10 June 2010

SENTENCE

[1] You have been found guilty by this Court of Attempted Murder of your de facto wife.

[2] The facts revealed during trial show that on the 23rd June 2009 at Elevuka (Ba) you met your wife at a house she was renting. She had for some weeks prior to that been co-habiting with a younger man whom she had met by chance at the Lautoka bus stand. You, understandably, were not happy about that and the purpose of your visit that day was to get her back to take care of your 2 boys aged 6 and 9. You took a cane knife with you to "punish" her if she did not consent to coming back. An argument ensued and you dragged your wife into the compound where you hit her with the knife on the head and arm. Police arrived, having been called by neighbours and they luckily were able to disarm you and subdue you. Your wife suffered a serious injury to her head including a fractured skull. That shows the force you had used in the blow to her head. Any blow to the head is extremely serious and such a forceful blow underlines your intent to kill your wife.

[3] Your murderous intent did not succeed fortunately but the Courts have shown little mercy for such behaviour. The maximum penalty for this offence is imprisonment for life.

[4] In State v Bobby Singh – HAC 052/07, Winter J. passed a term of 8 years imprisonment on a man who attempted to murder his de facto spouse by setting her on fire and Shameem J. followed this precedent in State v Rajendra Samy [2007] HAC 29/06 where she passed a term of 7 years for a similar offence.

[5] You are aged 41 and you were working as a taxi driver.

[6] I take as my starting point a term of 5 years imprisonment. You obviously planned to do this deed by bringing your own cane knife and hiding it in bushes outside. For that aggravating factor, I add a further two years. As a credit for the time you have spent in custody awaiting trial I deduct 12 months. The term of imprisonment that you will serve is one of 6 years, and you will not be eligible for parole for the first four years.

Paul K. Madigan
Judge

At Lautoka
10 June 2010