State v Ratabua [2016] FJHC 629; HAC063.2013L (14 July 2016)

IN THE HIGH COURT OF FIJI
AT SUVA
CRIMINAL JURISDICTION
LAUTOKA CRIMINAL CASE NO. HAC 063 OF 2013L

STATE

vs

LIVAI KAIVITI RATABUA

Counsels : Ms. S. Kiran and Mr. Y. Prasad for State
: Ms. C. Choy and Mr. K. Prasad for Accused
Hearings : 4, 5, 6, 7, 8, 11 and 12 July, 2016
Summing Up : 13 July, 2016
Judgment : 13 July, 2016
Sentence : 14 July, 2016

SENTENCE

1. In a judgment delivered yesterday, the court found you guilty and convicted you on the following information:
   

Statement of Offence

MURDER: Contrary to section 237 of the Crimes Decree No. 44 of 2009.

Particulars of Offence

LIVAI KAIVITI RATABUA on the 7^th day of January 2013, at Lautoka in the Western Division murdered MACIU BAKANI.

2. The brief facts were as follows. On 7 January 2013, you, Elia (PW1), the deceased and others were drinking liquor near Balawa Cemetery at Lautoka. After 9 pm, you, Elia and the deceased continued drinking at Elia’s house. After a while, Elia and the deceased assaulted you, and you fled to Navutu Village. You returned to the scene with one Etonia Bose. You continued swearing at the deceased. There was bad blood between the two of you.
   
3. The deceased walked towards you and Bose. The deceased threw a punch at Bose. It missed and Bose countered with a right hand punch. It hit the deceased on the mouth. He fell backwards and hit his head on the ground. He tried to get up. You then stomped four times on his head. You also kicked him three times on the head. The stomps and kicks were hard and strong. The deceased was rushed to Lautoka Hospital. He died 10 minutes later. A post mortem examination revealed he died as a result of a swollen brain due to the stomping and kicking you did to his head. You were reckless in causing his death.
   
4. There is only one sentence for those found guilty of murder, that is, a mandatory sentence of life imprisonment. The court is given a judicial discretion to set a minimum term to be served before a pardon may be considered by His Excellency, the President of the Republic of Fiji (section 237 of the Crimes Decree 2009 and section 119 of the 2013 Constitution of the Republic of Fiji).
   
5. This was yet another case of the inability of the youths of this country to control their drinking. Three 26 ounce bottles of rum were consumed by you, the deceased and others. Instead of the same bringing happiness to your lives, it caused a fight among you, resulting in the death of the deceased. The deceased’s family had lost a loved one. You still have your life. This case had been hanging over your head for the last 3 ½ years. You had been remanded in custody for approximately two months. Taking the above matters into account, I fix the minimum term at 15 years imprisonment.
   
6. Mr. Livai Kaiviti Ratabua, for murdering Maciu Bakani on 7 January 2013, at Lautoka in the Western Division, I sentence you to the mandatory life imprisonment, within a minimum term of 15 years imprisonment to be served, before a pardon may be considered by His Excellency the President of the Republic of Fiji. I order so accordingly.
   

Salesi Temo
JUDGE

Solicitor for State : Office of the Director of Public Prosecution, Lautoka.
Solicitor for Accused : Legal Aid Commission, Suva.