State v Tegu [2010] FJHC 493; HAC024.2006S (9 November 2010)

IN THE HIGH COURT OF FIJI
AT SUVA
CRIMINAL JURISDICTION

CRIMINAL CASE NO. HAC 024 OF 2006S

STATE

V

VAIONE TEGU

Counsels: Mr. S. Vodokisolomolone for the State
Ms. S. Vaniqi for the Accused

Hearings: 18th to 29th October, 2010
Summing Up: 3rd November, 2010
Judgment: 3rd November, 2010
Sentence: 9th November, 2010

SENTENCE

1. Vaione Tegu, after a trial lasting approximately 8 days, the three assessors unanimously found you guilty of murdering Sairusi Seganaluvena, on 27th May 2006, at Navua in the Central Division, contrary to sections 199 and 200 of the Penal Code, Chapter 17. On 3rd November 2010, the court agreed with the assessors, and found you guilty as charged, and convicted you accordingly.

2. Your case is particularly a sad one, for you and your family and for Sairusi and his family. Sairusi has being dead since 28th May 2006 and you are about to lose your freedom for a long time. All because you two were unable to control the effects of alcohol. Both you and Sairusi were very drunk on 27th May 2006. Sairusi was so drunk that he started the commotion by winking at your cousin Lenaitasi's wife, while drinking beer and rum, at his home.

3. Lenaitasi and Sairusi settled the insult by having a fist fight outside his house. After that, they reconciled and went back into the house. Lenaitasi went away to buy more drinks. You then foolishly re-started the commotion by re-examining Sairusi why he winked at Lenaitasi's wife. You then began to punch and kick Sairusi in and out of the house. You were very drunk at the time. Sairusi carried injuries from his fight with Leanaitasi. You punched Sairusi who fell on the tarsealed road. Then you stomped twice on his head. He became unconscious, and was in a coma when taken to Navua and CWM Hospital, and died on 28th May 2006, as a result of serious brain injuries. Your inability to control the effects of alcohol caused your present problems, and also caused Sairusi's death. As I have said in State v Mesulame Waqabaca and Tiko Uate, Criminal Case No. HAC 054 of 2009S, High Court, Suva, the youths of this country must learn to control the effects of alcohol, or it will destroy them. A message will have to be sent to our youths, through you.

4. I have considered the fact that you are a first offender. I have carefully considered your antecedent report and your well prepared written plea in mitigation, submitted by your counsel. I have carefully read both parties written submissions on sentencing.

5. Vaione, you had a promising life ahead of you. You stayed in school until Form 7. You excelled in rugby and became Captain of the Suva Grammar School Under 18 rugby team, and was a member of Fiji Under 19 rugby team to the IRB Under 19 World Championship rugby competition in 2006. Your team won the B Division competition in 2006. Your principal at Suva Grammar School spoke highly of you as a hard-working and honest student from 2003 to 2008. It is painful to say that, alcohol had the better of you.

6. Sairusi's life was precious. That is why murder carries only one mandatory sentence – life imprisonment. I therefore sentence you to life imprisonment, effective from today.

7. However, the court has the power to fix a non-parole period, pursuant to section 18(1) of the Sentencing and Penalties Decree 2009. The State has asked for a non-parole period of 14 years, while your counsel has asked for 10 years non-parole period. You have lived the last 4 years with this case hanging over your head. That is a punishment in itself. You have being remanded in custody since 3rd November 2010. Given your previous record, I fix a non-parole period of 11 years.

8. In summary, you are sentenced to life imprisonment, and you are not eligible for parole until you have served 11 years, pursuant to section 18 of the Sentencing and Penalties Decree 2009. I order so accordingly.

Salesi Temo
ACTING JUDGE

AT Suva
9th November 2010