State v Tukana - Sentence [2011] FJHC 241; HAC21.2009 (4 May 2011)

IN THE HIGH COURT OF FIJI
AT LAUTOKA
CRIMINAL JURISDICTION

CRIMINAL CASE NO. HAC 21 OF 2009

STATE

vs

LUKE DIKEVI TUKANA

Mr. T. Qalinauci for the State
Mr. T. Terere (L.A.C.)for the Accused

Date of Hearing: 2 and 3 May 2011
Date of Sentence: 4 May 2011

SENTENCE

[1] Luke Dikevi Tukana, you have been convicted of one count of murder contrary to sections 199 and 200 of the Penal Code, Cap. 17.

[2] The facts are that on the 26th February, 2009 at Votua Housing, Korolevu you were with a group of friends (including the deceased Nelson Nadumu) drinking beer and methylated spirits. Some ill feeling arose between you and Nelson first over a borrowed mobile phone and secondly over advances being made to two girls drinking with you. As a result you ended up in a fist fight together and witnesses saw you repeatedly punching and kicking Nelson, even when he was on the ground unconscious. Some of your kicks were to his head and jaw. The pathologist tells us that Nelson died as a result of blunt force trauma, such as punches or kicks, which caused his brain to bleed in several places.

[3] Your attack on Nelson was unwarranted, relentless and ferocious by all accounts. You can have had no intention but to at least cause him very serious harm. Even when unconscious you kicked him in the head. Society cannot condone such behaviour even after a lot of alcohol has been taken.

[4] You are single, aged 23 years and you are a first offender. You were unemployed at the time of the offence and your Counsel says that I should treat you leniently because it was a drunken fight and not particularly serious. Even though it was during a drinking party your action was serious and the Court must regard any murder of this kind as serious.

[5] The only sentence I can hand down for murder is life imprisonment and that is the sentence I do pass on you. You will serve a minimum of eleven years imprisonment before you are eligible for parole.

Paul K. Madigan
Judge
At Lautoka
4 May 2011