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State v Vonolagi [1990] FJHC 64; HAC0021t.1989s (2 December 1990)

IN THE HIGH COURT OF FIJI
At Suva
Criminal Jurisdiction

CRIMINAL CASE NO. 21/89

THE STATE

v.

NAPOLIONI TAGI VONOLAGI

SENTENCE

The loss of a young human life is always a tragic affair. In this case the accused has been convicted of the Manslaughter of his de-facto wife a young woman with whom he had been living with for some time prior to her untimely death.

I am more than satisfied from the facts of the case that this incident occurred under severe provocation that would have tried the self-control of even the most tolerant of men. The unprovoked knife attach on the accused by the deceased is ample proof of the extent to which the deceased would go.

I am also satisfied that the accused upon realising the seriousness of the deceased's condition was genuinely concerned to save her life and since her death has shown sincere remorse. He will have to live with the knowledge that he caused the death of his girlfriend which is a heavy enough burden to carry.

I have carefully considered his guilty plea and everything that has been urged on his behalf by his learned counsel. In particular this court is not unaware that the accused hails from a "sporting family" and in particular that the accused has shown some promise in his chosen sport of soccer.

But this court cannot ignore the undisputed fact that the accused kicked the deceased twice when she was on the ground. That was a cowardly and reprehensible attack which this court cannot and will not ignore.

The accused is sentenced to 18 months imprisonment but in view of the numerous mitigating factors urged on his behalf including this 3 months already spent in custody, the sentence is suspended for 2 years.

The accused is warned that if he commits an imprisonable offence in the next 2 years he may be required to serve this sentence of 18 months imprisonment in addition to any other prison sentence he may receive for that other offence.

(D.V. Fatiaki)
JUDGE

Suva,
12th February, 1990.

HAC0021T.89S