Regina v Naqiri [1977] FJSC 133; Criminal Case 6 of 1977 (2 May 1977)

IN THE SUPREME COURT OF FIJI
(WESTERN DIVISION)
AT LAUTOKA
CRIMINAL JURISDICTION

Criminal Case No.6 of 1977

BETWEEN

REGINA

vs

JONE NAQIRI

Mr Dyfed Williams for the Prosecution
Mr. E. Vula for the Accused

JUDGMENT

The facts here are that there was a quarrel in Navisabasaba village during which the deceased was in liquor and made himself generally objectionable, threatening to kill someone. It would appear that there was some heavy drinking in the village that day starting early in the morning and continuing until sometime after 8.00 p.m. This incident took place in the course of a fight between the deceased and another man who was the accused's father. It appears that the fight became general and accused joined it taking with him a piece of broken bottle with which he stabbed the deceased. The medical report of the injuries indicates that three wounds were inflicted. It is quite clear that the deceased was drunk, and probably proportionately quarrelsome. I take into account the fact that the accused was probably upset at his father being knocked down in the course of the fight, but I do not expect that he would have thought of using a broken bottle had he not been under the influence of liquor. Mr. Vula says that this is another case of an offence committed by a person who has had too much to drink. It is aggravated by the fact that three days before this occurred the accused had been convicted of being drunk and disorderly. I take into account that the accused is only 19 years of age and that he has pleaded guilty. However, the least sentence that I can give him in the circumstances, equating those factors that I have mentioned with the broken bottle which he used and bearing in mind that the use of a broken bottle in any circumstances is very vicious, is two years imprisonment.

(Sgd.) K.A. Stuart
JUDGE

LAUTOKA,
2nd May, 1977.