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State v Solanki [2000] FJHC 202; HAC5.1999 (11 May 2000)

IN THE HIGH COURT OF FIJI
AT LABASA
CRIMINAL JURISDICTION

CRIMINAL CASE NO. 5 OF 1999

STATE

V

JAI KUMAR SOLANKI s/o Parshotam

FIDA HUSSEIN s/o Amir Hussein

Mr. J. Rabuku for the State
Mr. M. Raza for the First Accused
Mr. V. P. Ram with Ms. A.W. Prasad for the Second Accused

SENTENCE

ARSON: Contrary to section 317(a) of the Penal Code, Cap. 17

Further to the unanimous opinion of the Gentlemen Assessors with which I agree, I gave judgment of this Court yesterday (10 May 2000) and convicted you both in this case on the charge of arson.

Both of you stand convicted of a very serious offence known in our Penal Code punishment for which is life imprisonment.

The systematic and well-framed manner in which fire was set led to the burning of two buildings completely in the main street of Labasa town. It is pure fortune that only two buildings were destroyed. The fire could have spread to other adjoining buildings in the town and that would have wiped out a good part of the town.

This indeed was a deliberate attempt to set fire reckless of the consequences on the part of both the accused persons.

The fire caused a great deal of damage. Apart from the first accused’s own shop, six other shops with stock were completely destroyed. The monetary loss to all concerned was enormous.

Accepting all that has been said on behalf of the two accuseds in mitigation, they cannot escape an immediate custodial sentence. Both of you are not being punished because you exercised your right to defend yourself but for one of the most serious crimes. i.e. of arson committed by you both in the annals of the history of crime in Vanua Levu.

For this offence for which you stand convicted you deserve a sentence which would serve as a deterrent to you and other like-minded persons to commit an offence of this nature. Actions like this can easily wipe out a whole town inflicting immeasurable misery and damage in its wake with possible loss of lives. The community has to be protected from such rash actions.

This offending calls for a lengthy prison sentence. If I imposed a lesser penalty than I propose to do, I would be failing in my duty to uphold the law, to recognize the gravity of the offence, to reflect the concern of the community and to recognize the harm done to many people. To say that not one has suffered in the arson is being oblivious to the reality of the situation after the fire.

The harm that the two have brought upon themselves is of their own choosing. They should have realized the consequences of their actions before embarking on their desire to commit this crime.

Despite the impassioned plea of second accused’s counsel, I cannot accept to counsel’s pleas for a suspended sentence.

The first accused Jai Kumar Solanki s/o Parshotam, who was the master-mind in the commission of this offence, is sentenced to imprisonment for 6 (six) years.

The second accused Fida Hussein s/o Amir Hussein for his part is sentenced to imprisonment for 4(four) years

D. Pathik
Judge

At Suva
11 May 2000.