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State v Sharma [2009] FJHC 62; HAC045.2008 (4 March 2009)

IN THE HIGH COURT OF FIJI
AT LAUTOKA
CRIMINAL JURISDICTION

Criminal Case No. HAC 045 of 2008

STATE

V

DASWA NAND SHARMA

Date of Hearing: 16th February 2009
Date of Sentence: 4th March 2009

Counsel: Ms. V. Lidise for the State
Accused in person

SENTENCE

[1] The accused has been convicted of a serious offence of attempted murder. The maximum penalty for this offence is life imprisonment.

[2] The accused is a first offender. He is 24 years old and prior to the incident, he was a FIT student at Ba campus. He has one more year to complete the course in Carpentry & Joinery.

[3] His mother is deceased and the accused lived with his father and sister.

[4] The circumstances which led to the commission of this offence was non payment of rent by the victim’s family to the father of the accused who was their landlord. From what the accused stated in mitigation there were times when the complainant and her family abused the family of the accused.

[5] However, non payment of rent and abuse can never justify use of a knife to launch a ferocious attack on another. There are civilized ways to recover rent like distress for rent or a claim in the Small Claims Tribunal.

[6] The accused inflicted serious injuries with a knife. There were nine injuries caused all together. These injuries were on the head, right hand and right thigh, and leg.....

[1] 8 cm long by 1cm deep cut on right side of forehead

[2] 26 cm by 10 cm deep cut along right cheek to the left cheek and running below the nostril

[3] 11 cm semi circular cut on the rear left of the head

[4] 11cm by 3cm cut on the right temporal parietal region – cut on head on right side above the ear

[5] open fracture of right ultra – in the middle of forearm

[6] three fingers were severed from the right hand.

[7] she suffered three diagonal cuts to the right leg. These were:

(a) 35 cm long and 10 cm deep on the upper thigh at the back

(b) 17 cm by 10 cm deep cut on the lower portion of the thigh just above the knee

(c) 12 cm long by 10 cm deep cut below the knee on the calf region

[7] The complainant was hospitalized for 37 days and the doctor stated that his first impression was that the complainant was not going to survive.

[8] The use of knives to resolve disputes is viewed seriously by the courts. Some of the scars on the complainant are still very clearly visible, especially a scar which runs from left cheek to below the nostril. With the loss of three fingers on the right hand, the complainant will be severely affected in doing the usual domestic work.

[9] The usual starting point for attempted murder is a nine year prison term; State v Rajendra Samy HAC029S.06; State v Bobby Hemant Prasad HAC 52 of 2007. In those two cases a sentence of 9 years and 8 years were imposed respectively.

[10] In the case of Samy the accused had inflicted injuries on three persons with a chopper. He had pleaded guilty.

[11] However, in the present case the injuries inflicted were horrific and the accused maintained a plea of not guilty in the face of overwhelming evidence. Further he tried to blame the husband of the accused as being the person who caused the injuries.

[12] Given these circumstances I impose a sentence of 11 years imprisonment. The State Counsel had asked the court to impose a fine out of which compensation could be awarded in addition to a custodial sentence. I am of the view that imposition of a fine on a person sent to prison for long term is an exercise in futility as he will not be able to pay. If the complainant wishes, she can resort to a remedy through civil litigation.

[13] Final order – accused is sentenced to 11 years imprisonment.

[Jiten Singh ]
Judge

At Lautoka
4th March, 2009.