State v Ratoa [2012] FJHC 922; HAC173.2010S (8 March 2012)

IN THE HIGH COURT OF FIJI
AT SUVA
CRIMINAL JURISDICTION

CRIMINAL CASE NO. HAC 173 OF 2010S

STATE

vs

VILIAME RATOA

Counsels: Ms. A. Lomani for State
Mr. S. Waqainabete and Mr. N. Sharma for Accused
Hearings: 13th to 16th February, 2012
Summing Up: 17th February, 2012
Judgment: 17th February, 2012
Sentence: 8th March, 2012

SENTENCE

1. In a judgment delivered by the court on 17th February 2012, it found you guilty as charged, and convicted you, of the following offence:
   

COUNT 1

Statement of Offence

MANSLAUGHTER: contrary to section 239(a)(b)(c) (ii) of the Crimes Decree No. 44 of 2009.

Particulars of Offence

VILIAME RATOA, on the 18th day of August, 2010, at Bilo Road, Veisari, Lami in the Central Division punched one KINISIMERE WATI and thereby caused death to the said KINISIMERE WATI and VILIAME RATOA at the time, was reckless to the risk that death will result.

2. The facts were as follows. You and your wife were selling vegetables, fruits and root crops, from your market, at Bilo Road, Veisari, on 18th August 2010, a Wednesday. The deceased and her friend passed your market. Your wife was previously married to the deceased's husband. Your wife started passing remarks at the deceased. An argument started, which became heated later. The deceased came to your wife at the market, picked up a cabbage and threw it at her. She allegedly ransacked the market, and the produce were scattered everywhere. Your wife called you for assistance. You came, saw the market in a ransacked state, you became angry and furious. You threw a punch or backslap at the deceased's mouth.
   
3. She blackedout, fell and suffered a cut lip. Blood was coming out of her mouth. She later recovered and went home. On Saturday, 21st August 2010, the deceased was complaining of a headache. She wasn't taken to CWM Hospital. On 22nd August 2010, the deceased collapsed at home. She was taken to CWM Hospital. However, the doctors examined her and concluded, she died on her way to hospital. On 24th August 2010, a post mortem was done on her. It was found that, she died as a result of brain injuries, caused by your punch/backslap to her mouth on 18th August 2010. As a result, you were charged and found guilty of her manslaughter.
   
4. "Manslaughter" is a serious offence, and carries a maximum sentence of 25 years imprisonment. The tariff for manslaughter in Fiji is a suspended prison sentence to a sentence of 12 years imprisonment. Sentences in the upper range were reserved for cases where the degree of violence was high, and the provocation minimal. Sentences in the lower range were reserved for cases where the violence used was minimal, while the provocation was extreme. The tariff covers a very wide set of varying circumstances which will attract different sentences, depending on its own set of facts: Kim Nam Bae v The State, Criminal Appeal No. AAU 0015 of 1998S, Fiji Court of Appeal; The State vs Francis Bulewa Kean, Criminal Case No. HAC 037 of 2007S, High Court, Suva; The State v Tomasi Kubunavanua, Criminal Case No. HAC 021 of 2008, High Court, Suva. Of course, the actual sentence will depend on the aggravating and mitigating factors.
   
5. The mitigating factors in your case were as follows:
   
   • (i) You are 29 years old, married with an adopted son.
     
   • (ii) You are the sole breadwinner.
     
   • (iii) You look after your elderly father.
     
   • (iv) You were slightly provoked in this case, when the deceased allegedly ransacked your market.
     
   • (v) You were remanded in custody since 17.2.12.
     
6. The aggravating factors were as follows:
   
   • (i) This case started as a result of a verbal argument between your wife and the deceased. The deceased's husband was your wife's previous husband. Instead of the two ladies getting on in life, they often argued when they met. You knew this all the time. On 18th August 2010, while the two were yet arguing again, you allowed yourself to be involved. It was a women's fight, but you allowed yourself into it, by punching or backslapping the deceased. In my view, it was more like a punch that caused the deceased's brain injuries that lead to her death. You didn't use a non-violent way to settle the women's argument on 18th August 2010. Instead, you were extremely violent in punching the deceased, resulting in her suffering brain injuries, and later death.
     
   • (ii) By punching the deceased, you showed utter disregard to her safety, including her life.
     
   • (iii) The life of a mother of two young children had been unnecessarily lost. These two young children, aged 4 and 3 years old, will never see their mother again. They will never again enjoy the mother-child relationship that so many of us, take for granted.
     
   • (iv) On 18th August 2010, your market produce was more important to you than the life of a person. This is obviously wrong. Life is worth more than any market produce.
     
7. I start with a sentence of 5 years imprisonment. I increase the 5 years by 4 years for the aggravating factors, leaving a total of 9 years imprisonment. I decrease the 9 years by 2 years for the mitigating factors, leaving a balance of 7 years imprisonment.
   
8. For the manslaughter of Kinisimere Wati on 18th August 2010, at Lami in the Central Division, I sentence you to 7 years imprisonment. You are to serve a non-parole period of 6 years imprisonment. I order so accordingly.
   

Salesi Temo
JUDGE

Solicitor for the State: Office of Director of Public Prosecutions, Suva
Solicitor for Accused: Legal Aid Commission, Suva