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State v Chand [2008] FJHC 131; HAC090.2006 (27 June 2008)

IN THE HIGH COURT OF FIJI
AT SUVA
CRIMINAL JURISDICTION

CRIMINAL CASE NO.: HAC 090 OF 2006

BETWEEN:

THE STATE

AND:

PRAKASH CHAND

Counsel: Ms. L. Lagilevu for the State
Mr. N. Shivam for the Accused

Date of Sentence: Friday 27th June, 2008

SENTENCE

[1] Prakash Chand you were charged with the murder of Sakaraia Navuto on the 3rd of October 2006.

[2] Following trial, you were convicted of the lesser offence of manslaughter.

[3] Manslaughter is a serious offence. The maximum penalty prescribed for the offence of manslaughter is life imprisonment.

[4] In the case of Kim Num Bae v The State [1999] Criminal Appeal AAU 15/98, 26 February 1999, the Court of Appeal pointed out the difficulty in setting any tariff for manslaughter because of the range of circumstances found in such cases and continued:

"The cases demonstrate that the penalty imposed for manslaughter ranges from a suspended sentence where there may have been grave provocation to 12 years imprisonment where the degree of violence is high and provocation is minimal."

[5] I categorize your case as a case of medium provocation with a medium degree of violence.

[6] The deceased was not a stranger to you. He was your work colleague. You yourself told the police that he used to "choke" money from you and you used to give him a dollar or two.

[7] On the 3rd of October, 2006 the deceased snatched money from your pocket when you went to fill gas into your taxi at a gas station where he worked part-time as an attendant in the evenings. After the deceased had filled the gas, an argument developed between you and the deceased over the payment for gas.

[8] The deceased swore at you and punched you on the face and head. You received a cut on your lips. You retaliated and punched him back. You then went to your taxi, took out a kitchen knife, and stabbed the deceased once. The deceased died of the stab wound inflicted by you. The depth of the stab wound was 20 centimeters which shows use of considerable force.

[9] Your counsel submitted written mitigation on your behalf. You are 38 years old. You were married but now separated. You have 2 daughters aged 13 years and 7 years. You have elderly parents. Your daughters and parents are financially depended on you. You are their only source of support.

[10] You have attained up to Class 8 education. You are a taxi driver by profession. You are actively involved in religious and sporting activities. You have no previous conviction. You co-operated with the police during the investigation and the court during the trial by agreeing to many facts, thereby shortening the length of the trial.

[11] I also have regard to the circumstances of this offence, including the fact that it was committed in circumstances of high emotion and threatening behaviour by the deceased. I take into account your personal circumstances, and the fact that you are a person with previous good character. I take into account your remorse, and your co-operation with the police and the court. I take into account that you were in custody for a month after you were charged.

[12] After taking into account all these matters and the fact that a weapon, that is, a kitchen knife was used to inflict the fatal wound on a person who was your work colleague, I sentence you to 4 years imprisonment.

[13] Your sentence is 4 years imprisonment.

Daniel Goundar
JUDGE

At Suva
Friday 27th June, 2008

Solicitors:
Office of the Director of Public Prosecutions, Suva for the State
Neel Shivam Lawyers, Suva for the Accused