State v Rokobukai [2010] FJHC 561; HAC017.2010 (15 December 2010)

IN THE HIGH COURT OF FIJI
AT LABASA
CRIMINAL JURISDICTION

Criminal Case No: HAC 017 of 2010

BETWEEN:

STATE

AND:

SAULA ROKOBUKAI JUNIOR

Counsel: Mr. T. Ravuniwa for the State
Ms. M. Lemaki for the Accused

Date of Hearing: 10 December 2010
Date of Judgment: 15 December 2010

SENTENCE

[1] Saula Rokobukai Junior, you pleaded guilty to murder of Sushila Devi on 29 April 2010 at Raranikawai, Labasa. I am satisfied that your plea of guilty is freely and voluntarily made with the full understanding of the consequences of pleading guilty to murder. I convict you of murder of Sushila Devi as charged in the Information by the Director of Public Prosecutions.

[2] The sentence for murder is fixed. The only sentence that I can impose is life imprisonment. However, I have discretion to determine and set a non-parole period for a sentence of life imprisonment under the Sentencing and Penalties Decree.

[3] According to the facts admitted by you, your mother-in-law counseled you to kill the victim for having an adulterous affair with your father-in-law. The planning was done a day before the killing.

[4] The victim was 50 years old. She and her 10 year-old daughter lived together in the same neighbourhood as yours. On 29 April 2010 at about 3.00am you went to the victim's residence and picked up a binding wire from a shed. You then went and knocked at the window.

[5] You called out to the victim to open the door by threatening her that you were going to break the window. The victim opened the door. You enquired about the whereabouts of your father-in-law. After informing you that your father-in-law had left her home, the victim turned around to close the door. At this point you wrapped the wire around the victim's neck and strangled her. After strangling the victim, you discarded the wire in the garden and left the victim at the same spot where she fell down. The killing was witnessed by the victim's daughter. She was so frightened that she pretended that she was asleep. She went off to sleep and in the morning when the neighbours heard her cry, they came and found the victim dead. You were arrested and interviewed under caution. You confessed to the killing. Post mortem examination revealed that the victim died of asphyxia due to strangulation.

[6] You are 23 years old and married. You work as a labourer. You are a first time offender. From 29 April 2010 to 27 May 2010 you were in custody on remand.

[7] I consider your young age and previous good character as mitigating factors. Also you confessed to police and entered early guilty plea. I treat your confession and guilty plea as evidence of contrition. I accept you were incited by your mother-in-law and the decision to kill the victim was not yours alone.

[8] However, you showed a wanton disregard for human life when you excuted the plan to kill the victim. The victim was a vulnerable person. She was 50 years old and a widow. She lived alone with her young child. It is not possible to determine the long term effect of your crime on the victim's child who witnessed her mother being killed by you.

[9] The pre-meditation involved to take away a human life is an aggravating factor. Such conduct must be denounced and deterred.

[10] Taking all these into account, I sentence you to life imprisonment and I fix a non-parole period of 12 years.

Daniel Goundar
Judge

At Labasa
Wednesday 15 December 2010

Solicitors:

Office of the Director of Public Prosecutions for State
Office of the Legal Aid Commission for Accused