State v Ali [2010] FJHC 242; HAC014.2010 (9 July 2010)

IN THE HIGH COURT OF FIJI
AT SUVA

CRIMINAL JURISDICTION

HIGH COURT CRIMINAL CASE NO: HAC 014 OF 2010

BETWEEN:

STATE
PROSECUTION

AND:

1. ZAFIR TARIK ALI
2. TAIMUR ALI
3. TAHIR ALI
4. CHANDLESH GANESH
ACCSUED PERSONS

Counsel: State - Ms. Cokanasiga
Accused Persons - Mr Raza. M.

Date of Sentence: 9th July, 2010.

SENTENCE

The four accused persons Zafir Tarik Ali, Taimur Ali, Tahir Ali, and Chandlesh Ganesh you were convicted of murder of James Shankaran Nair. All 3 Assessors were unanimous in their verdict that you committed the murder of James Shankaran Nair actuated by Joint enterprise.

The sentence fixed by Law for Murder is imprisonment for life. There is no discretion to order a lesser term for murder. However, in terms of Section 18(1) of the Sentencing Decree 2009, court is required to fix a non parole period.

In deciding the non parole period court will consider the facts and circumstances of the case and the mitigating factors adduced by the Counsel for defence on each accused.

The facts of this case are that you, the 4 accused persons were travelling in the vehicle twin cab, in search of suspects who committed burglary on the same night. You saw the deceased on the road, questioned him. You took the deceased in your vehicle suspecting him for committing the said burglary and he was killed whilst in your custody.

There was no evidence to show that this was preplanned, and this happened after you saw him on the road early hours.

On each accused Counsel made submissions in mitigation.

1st Accused
No previous convictions. He was in Fiji for his sisters’ wedding from Australia. He has a 6 month old child.

2nd Accused
Is 20 years of age, employed as a driver and he is looking after his elderly parents. He has no previous convictions.

3rd Accused
50 years of age. He has a son and a daughter, and a grandson. Farmer by profession, living on the income from buying and selling goat and chicken. No previous convictions.

4th Accused
35 years of age, no previous convictions, married with two children of 2 ½ years and 1 year old. Wife is pregnant and he is a farmer on a small scale.

I sentence each accused to imprisonment for life.

I consider the facts and circumstances of this case. I further consider that this is not a preplanned offence and that all 4 accused persons have no previous convictions. On each accused the mitigating factors are also considered and I make order that each of you accused persons should serve a minimum sentence of 11 years imprisonment before you may apply for parole.

Priyantha Fernando
Puisne Judge
09/07/2010.