State v Wati [2001] FijiLawRp 88; [2001] 1 FLR 336 (9 October 2001)

STATE v PRABHA WATI

High Court Criminal Appellate Jurisdiction

9 October, 2001

HAC 0009/99L

Murder reduced to manslaughter - phenomenon of Battered Woman's Syndrome raised as defence for the first time in Fiji – extreme provocation- minimal time for premeditation – accused suffering acute stress reaction at time of offence - sentencing options for manslaughter

The accused was charged for murder and convicted for manslaughter of her deceased husband. The accused began living with the deceased husband when she was 16 years old and became a victim of domestic violence after giving birth to their first child. The accused was subject to sexual, mental and physical abuse for most of her married life. The Judge accepted that the accused suffered from battered woman's syndrome and proceeded to consider the range of sentencing options for manslaughter by taking into account the circumstances in which the event occurred. The Court took into account mitigating factors such as age, previous criminal record, she was cooperative with police, her medical condition and also the fact that the accused was in remand for a period of about 2½ years.

Held – The accused suffered from Battered Woman's Syndrome which was a result of domestic violence on the mental state, emotional and physical well being of the battered spouse, and was accepted as a mitigating circumstance in considering totality of sentence.

Accused sentenced to two years imprisonment suspended for two years.

Cases referred to in Sentence

State v Alumita Lewaisevu MC Cr. Case 1/90L
State v Koleta Rote [2001] HAC 005/01S 17 September 2001
State v Ramendra Chandra HAC 0008/99L 13 October 2000
State v Samuela Neimila & Josaia Nacika HAC 0011/98L 13 October 2000
Kim Nam Bae v State [1999] AAU 0015/98S 26 February 1999
State v Shakuntla Devi [2001] HAC 001/01S 4 July 2001

Kevueli Tunidau for the State
Babu Singh for the Accused

9 October, 2001

SENTENCE

Prakash, J