State v Sudhakar [2010] FJHC 508; HAC068.2008 (16 November 2010)

IN THE HIGH COURT OF FIJI
AT SUVA
CRIMINAL JURISDICTION

HIGH COURT CRIMINAL CASE NO: HAC 068 OF 2008

BETWEEN:

STATE
Prosecution

AND:

STANLEY SANJAY SUDHAKAR
Accused Person

Date of Hearing: 01/11/2010 – 10/11/2010
Date of Summing Up: 11/11/2010
Date of Sentence: 16/11/2010

Counsel: Mr L. Fotofili - For State
Ms. V. Savou - For Accused Person

SENTENCE

[1] You stand convicted of the murder of your mother contrary to S.199 of the Penal Code. In the early hours of the morning of the 4th May 2008 you murdered her in her own home. I pass upon you the mandatory sentence of life imprisonment.

[2] I have no doubt that you were under the influence of alcohol at the time and, as you said to the police in your confession statement, you fell into an argument with her. The argument very probably had something to do with your uncle's visit to Fiji from Canada; you had argued with him that afternoon and again that evening.

[3] In the course of the argument with your mother you hit her twice with a substantial torch to the head; they were both hard blows that caused significant injury and may very well have rendered her unconscious. You then strangled her to death with your bare hands; having killed her you then attempted to pretend that you had returned home to find her injured.

[4] You were arrested and interviewed by the police; you eventually confessed to murder. In the course of this trial you maintained that you had been ill treated by the police and that they had invented your confession. Both these assertions were without any foundation whatsoever as the assessors must have found in reaching their opinions. I fully endorse the opinions held by the assessors.

[5] Pursuant to S.18(1) of the Sentencing and Penalties Decree the court has power to set a non-parole period, which may be otherwise stated as the minimum term that you must serve before consideration is first given to releasing you on parole.

[6] The setting of a minimum term is discretionary and not mandatory and it will depend upon the circumstances of the individual case as to whether it is appropriate or not to set a non-parole period. I consider that it is entirely appropriate in this case in view of the extremely serious nature of the offence of which you have been convicted.
[7] The non-parole period in a case of murder is an appropriate measure by which to reflect the seriousness of the offence and the circumstances in which the life of another has been taken. The circumstances in which the offence of murder may be committed will be infinitely varied. Furthermore it is intended to reflect public opinion.

[8] The non –parole period takes account of any mitigating or aggravating features in relation to the offence. In setting the period in a murder case a relevant consideration is whether the Accused intended to kill the victim as opposed to causing really serious harm. In this case there is no doubt that you intended to kill your mother.

[9] I have considered carefully whether there are any aggravating or mitigating features present in this case. I make it clear that I do not add to the minimum term that I propose to set as a result of the manner in which you chose to conduct your defence; that is not an aggravating feature.

[10] In the event I have decided that there are no aggravating features; it is not submitted on your behalf that there are any mitigating features; indeed there are none.

[11] I take some account of the fact that you have previous convictions for offences involving the use or threat of violence.

[12] This was a heinous crime committed against a vulnerable, defenceless woman, your own mother who had brought you into this world. You took her life in the most brutal manner.

[13] It is against that background that I must decide the appropriate minimum term to be served by you before consideration is first given to release. I set the term as 14 years; that means your release will not be considered until you have served at least 14 years. The date of your release will be determined by another authority.

Graham Cottle
JUDGE

At Suva
16th November, 2010.