State v Vakabua - Sentence [2019] FJHC 715; HAC34.2019 (10 July 2019)

IN THE HIGH COURT OF FIJI
AT LAUTOKA
[CRIMINAL JURISDICTION]

High Court Criminal Case No. HAC 34 of 2019

BETWEEN

THE STATE

AND

ISOA VAKABUA

Counsel : Ms. Luisa Latu for the State
Ms Singh for the Accused

Date of plea : 11 April 2019
Date of Sentence : 10 July 2019

SENTENCE

1. Isoa Vakabua, you are to be sentenced upon freely and voluntarily pleading guilty to one count of grievous harm contrary to section 258 of the Crimes Act, 2009.
   
2. The Court is satisfied that your plea is unequivocal and upon your admission of summary of facts, you are convicted for the offence of grievous harm.
   
3. According to the summary of facts on 14 February 2019 at about 3.30 pm you went to the complainant’s house to collect $20 credit. You then asked for the TV from the complainant’s husband. When the complainant came outside and told you that the TV was given to them by one Ritesh Sharma, you got up and struck her with a cane knife. The complainant tried to save herself with her hand and the cane knife cut her index finger. The tip of the cane knife scratched her cheek too. The complainant ran to the neighbour’s house and you left the scene. As per the medical report the right index finger of the complainant is amputated.
   
4. The State tendered a victim impact statement. The complainant has stated that she cannot engage in normal work due to the pain and she is still in fear.
   
5. Lack of provocation and the use of a weapon, namely a cane knife to cause injury to the complainant aggravates your culpability.
   
6. In the mitigation submissions filed on your behalf it is stated that you are 54 years old. It is submitted that you fully cooperated with the police and admitted to the offence in the caution interview. Your counsel has pleaded for a lenient sentence to be imposed on you. It should be noted that your personal circumstances do not bear much mitigatory value.
   
7. You have 9 previous convictions. Your last conviction is in 2013 and you are not entitled to any discount for previous good character.
   
8. You pleaded guilty saving the time of the court and it certainly demonstrates remorse. I decide to give you 1/3 discount for your early plea.
   
9. The maximum punishment for grievous harm is 15 years imprisonment. The tariff for the offence of grievous harm is between 2 years to 6 years. (Patel v State [2011] FJHC 669; HAA030.2011 (27 October 2011) ; State v Yasa [2013] FJHC 101;HAC44.2012 (8 March 2013).
   
10. Having considered the matters discused above, I impose a sentence of 3 years imprisonment.
    
11. The purposes of sentencing include deterrence and punishing offenders proportional to the culpability of offending. I decide not to suspend your sentence having regard to the circumstances of this case.
    
12. You have been in remand custody since 16 February 2019. I deduct 5 months to reflect the time you were in remand custody.
    
13. Accordingly, the actual period of sentence that you should serve is 2 years and 7 months imprisonment.
    

30 days to appeal to the Court of Appeal

Rangajeeva Wimalasena
Acting Judge

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