Regina v Nasau [1978] FJSC 125; Criminal Case 11 of 1977 (7 February 1978)

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

Criminal Case No. 11 of 1977

BETWEEN

REGINA

AND

LEMEKI LAWARUA NASAU

Mr. D. Williams, Counsel for the Prosecution
Mr. S. Matawalu, Counsel for the accused person

JUDGMENT

The accused Lemeki Lawarua Nasau is charged with manslaughter and has pleaded guilty. He is a man of some 42 years of age and at the time of the offence was employed as a barman at the Lautoka Hotel. He is married, and had three children, a girl and two boys. The offence with which he is charged relates to the unlawful killing of his daughter Anaseini Makarawa and the prosecution case is that on 8th September 1977 he administered corporal punishment to his daughter to such an extent that she died on the following day. It appears that on 8th September at about 11 p.m. he found that his daughter had been meeting a man in the sugar cane field near the house. He became very annoyed and beat his daughter very severely with his belt and then with a broom. It was not a continuous beating but appears to have been resumed after short intervals and must have gone on for some time. Not satisfied with that he refused to allow her to be given medical attention, when she began vomiting. Evidence of accused's good character has been given. He is a Sunday School Superintendent and a lay preacher in the Methodist Church and has been diligent in the performance of his religious duties for the past four years.

Mr. Matawalu submitted that this offence might be met by a suspended sentence. I cannot accept that at all. In the first place there was here an act of deliberate violence - deliberate none the less although it was unpremeditated - for which a charge of murder might well have been sustained. In the second place, although the power of a parent to correct his child by chastisement must be recognised that chastisement must never exceed due bounds nor should it as it seems to have been used here, be used by the parent to assuage his wounded pride. I have borne in mind that the accused has pleaded guilty and that he was in prison for a month until an amended charge was laid against him.

The accused will be convicted on his own plea and will serve a sentence of imprisonment for two years.

(Sgd.) K.A. Stuart
JUDGE

LAUTOKA,
7th February, 1978.