State v Rokotuiwailevu - Sentence [2015] FJHC 769; HAC71.2015 (14 October 2015)

IN THE HIGH COURT OF FIJI
CRIMINAL JURISDICTION
AT LAUTOKA

CRIMINAL CASE: HAC 71 OF 2015

BETWEEN:

STATE

AND:

SAILOSI ROKOTUIWAILEVU

Counsel : Mr. Niudamu. J for State
Mrs. Nasedra for the Accused

Date of Hearing : 5th and 6th of October 2015
Date of Closing Submissions : 8th of October 2015
Date of Summing Up : 9th of October 2015
Date of Judgment : 12th of October 2015
Date of Sentence : 14th of October 2015

SENTENCE

1. You, Sailosi Rokotuiwailevu stand convicted for one count of Attempted Murder contrary to section 44 (1) and Section 237 of the Crimes Decree, which carries a mandatory sentence of life imprisonment with the judicial discretion to set a maximum term to be served before pardon is being considered.
   
2. Subsequent to the hearing of this charge and the unanimous guilty verdict of the three assessors, the court found you guilty and convicted for this offence of Attempted Murder.
3. Accordingly, I now sentence you for life imprisonment.
   
4. Having sentenced you for life imprisonment, I now turn onto consider the maximum term that you have to serve before being considered for pardon.
   

5. It has been held that the maximum term to be served for the offence of attempted murder is 8 to 10 years. (Bitu v State [2013] FJCA 7; AAU76.2010 (1 February 2013). The court is required to consider aggravating and mitigating factors in order to conclude the maximum term.

6. It was proved at the conclusion of the hearing that you stuck the victim twice with a cane knife, first on his head and then on his back. The victim had sustained serious injuries on his head and back due to this attack. You came home while the victim, who is your father was having his lunch with your mother and one of your sisters. You found that your father was going to visit Native with your mother and Kini Simere, who is a cousin of your wife. You wanted Kini to stay for a day, then you can catch some fish and Kini can take them with her. Your father did not agree for it, which led to an argument between you and your father. You then went to the kitchen and took a cane knife. You came straightly and stuck on your father's head and back with the said cane knife, while he was seated and was still having his tea.

7. You attacked the victim, when he was seated and having his tea. Thus, he was not in a position to defend himself from the attack. The injuries sustained by the victim were serious and he is still suffering emotionally and psychologically as per the victim impact report. I consider these facts are aggravating circumstances of this offence.

8. I now turn onto consider the mitigatory factors.

9. You are 25 years old and have a young family. You have two daughters, the elder daughter is 2 years old and the youngest is 10 months old. You are the sole bread winner of them. It was revealed during the course of the hearing, that you are regretting for the offence that you committed on your father. You have cooperated with the Police during the investigation. You are a first offender.

10. Having considered the offending circumstances, aggravating and mitigating factors, and the time spent in prison prior to the sentence, I select 8 years for the maximum term.

11. Accordingly, Mr. Sailosi Rokotuiwailevu, I sentence you life imprisonment with a maximum term of eight years to be served before being considered for pardon.

12. 30 days to appeal to Court of Appeal.

R. D. R. Thushara Rajasinghe
Judge

At Lautoka
14th of October 2015

Solicitors : Office of the Director of Public Prosecutions Office of Legal Aid Commission