State v Niudamu - Sentence [2022] FJHC 150; HAC149.2021 (29 March 2022)

IN THE HIGH COURT OF FIJI

AT SUVA

[CRIMINAL JURISDICTION]

CRIMINAL CASE NO. HAC 149 OF 2021

STATE

V

SENIVALATI NIUDAMU

Counsel: Ms M Naidu for the State

Ms A Singh for the Accused

Date of Hearing: 25 March 2022
Date of Sentence: 29 March 2022

SENTENCE

[1] The Accused has pleaded guilty plea to a charge of act with intent to cause grievous harm arising from a domestic relationship. The victim and the accused are a married couple. Both are in their early thirties. Together they have three children who are currently attending primary school.

[2] The incident occurred on 18 August 2021 at Novotel Hotel, Lami where the accused worked as a laundry attendant and the victim worked as a kitchen hand. On the night before the incident the couple stayed at the hotel with their children. His account of the incident to police is different from the victim’s account.

[3] When the Accused returned to his room after consuming kava with his friends he found his wife was not in the room. He went and looked for her. He found her in another room sleeping next to a naked man. He woke her up and he smed smell liquor on her. The couple came out of the bedroom and had a conversation. He then went back to the bar and drank liquor. He returned to his bedroom in the morning and saw that his wife was not in the room. oom. He felt broken and thought of committing suicide. He held a kitchen knife and was crying when his wife entered the room. His version to the police is that he struck the victim with the kitchen knife once at the corridors outside their bedroom.

[4] The victim’s version is that at around 6 am they had an argument while they were in their bedroom. He accused her of extra-marital affair and when she denied the allegation he pulled out a kitchen knife and attacked her. She tried to shield her face using her hand. In the process she sustained laceration wounds on her face, arm and hand. She ran out of the bedroom. Her work colleagues took her to the hospital. She underwent surgery and was admitted at the hospital to recover. At the hearing the Accused admitted the victim’s account of the incident.

[5] After the incident, the Accused lost his job with Novotel Hotel. Currently, he is employed at Pacific Cement Limited as a sub-contractor and earns approximately $250.00 per week.

[6] The Accused is a first time offender. He has pleaded guilty and has saved court’s time and resources. He is also remorseful for his conduct. The victim is continuing with her relationship with the Accused.

[7] However, the offence is serious. A weapon was used to inflict physical injuries to the victim. The violence was fueled by alcohol and feelings of hurt.

[8] Thimum peum penalty for act with intent to cause grievous harm is life imprisonment. The tariff range from 6 months to 5 years imprisonment, depending on the natu the weapon used and the seriousness of the injuries sustaiustained by the victim (State v&##160;Mokubulaubula [20JHC 1AA0052J.052J.2003S 003S (23 December 2003)). The purpose of sen is dete deterrence, both special and general, eslly i offes domestic violence (State v Kailomailoma [2018] FJHC 763; HAC46.207 && HAC6 HAC63.2017 (21 August 2018)).

State v Vucui&#1 href="htt="http://www.paclii.org/fj/cases/FJHC/2017/493.html" title="View Case">[2017] FJHC 493; HAC63.2016 (7 July 2017) Rajasinghe J said at [3]:

Assault on women, specially (?) within their own domestic environment is

one of the worst form of physical assaults. Such offence undoubtedly causes adverse physical and psychological trauma in the life of the victim. Therefore, the court in sentencing offender of this nature is required to adopt a deterrence approach in order to deter offenders or other persons from committing offences of the same or similar nature and protect the community from offenders of this nature.

[10] Recently, in State v Veimateyaki [2022] FJHC 111; HAC129.2021 (11 March 2022) an elderly offender was sentenced to 12 months imprisonment for causing physical injuries to his spouse using an aluminum rod. The violence in that case was also fueled by alcohol.

[11] The courts have a duty to denounce and stop domestic violence. I have some empathy that the victim and her three children may face hardship if the Accused is incarcerated. Hr, the conduct of the Accused is serious to justify a prisoprison sentence.

[12] Tcused ised is convicted and sentenced to 12 months imprisonment. A permanent domestic violence restraining order with standard non-molestation conditions is issgainst the Accused for the protection of the victim.

[13] I direct the Registry to bring a copy of this sentence to the attention of the Director, Social Welfare to assist the victim and her children during the period the Accused is incarcerated.

. ...........................................
Hon. Mr Justice Daniel Goundar

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