Home | Databases | WorldLII | Search | Feedback High Court of Fiji

State v Saqanaivalu [2010] FJHC 458; HAC017.2009L (13 October 2010)

IN THE HIGH COURT OF FIJI
AT LAUTOKA
CRIMINAL JURISDICTION

CRIMINAL CASE NO. HAC 017 OF 2009L

STATE

v

ISOA SAQANAIVALU

Mr. J. Singh for the State
Accused in Person

Date of Hearing: 04 and 12 October 2010
Date of Sentence: 13 October 2010

SENTENCE

[1] This accused has been charged with the offence of manslaughter, contrary to section 198 of the Penal Code, Cap. 17. The charge reads as follows:

Statement of Offence

MANSLAUGHTER: Contrary to section 198 of the Penal Code, Cap. 17.

Particulars of Offence

ISOA SAQANAIVALU, on the 4th day of February 2009 at Vatukoula in the Western Division unlawfully killed MERELEKI NAQURA.

[2] To this charge he pleaded guilty on the 4th October, 2010 in this Court. He agreed to a set of facts put to him in the Fijian vernacular and on the basis of his plea and his agreement to the facts, he was convicted of the offence.

Facts

[3] The facts admitted are very tragic. The deceased in this case was the 43 year old wife of the accused. On the 27th December 2008 they were both resting at home when their 10 month old baby fell whilst playing. The accused became angry at this incident thinking his wife should be in control and kicked her on the left side of her head. On the admission of the accused he kicked her head once, but she lay unconscious on the living room floor. She was taken to Tavua Hospital for examination where she was found to have "haematoma on left brow temporal". Over the next month she experienced severe headaches, and on the 30th January 2009 she was transferred to Suva CWM Hospital, where she was operated on after a diagnosis of left subdural haematoma. Unfortunately she failed to recover and died on the 4th February 2009. The pathologist determined the cause of death to be left side subdural haemorrhage of the brain.

[4] The accused made a frank confession to an unlawful act in an interview under caution.

The Law

[5] The Court of Appeal in Bae v State [1999] FJCA, 21, has said that sentences for manslaughter should range 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. These dicta have been approved of and applied in subsequent cases, for example in State v Kean HAC 37 of 2007 and State v Stevens HAC 11 of 2008.

Mitigation

[6] The accused is now 46 years old and is unemployed. Until a few months ago he worked at Vatukoula gold mine. Apart from the baby whose fall sparked this incident, he has 3 other older children all of whom depend on him for their upbringing. His married sister is helping him in this regard.

[7] He is remorseful and asks for forgiveness. He tells me that he just wanted to teach her a lesson, he didn't want her to die. He submits that he needs his freedom to look after the children.

Analysis

[8] This is an obvious case of gratuitous domestic violence with absolutely no provocation whatsoever. The accused kicked his wife in the head which is the most vulnerable part of the body. He has deprived his four children of their mother and of a maternal upbringing.

[9] Cases of domestic violence are on the rise in Fiji, to the extent that legislation has recently been enacted in an attempt to address the problem. Sentences for such behaviour must reflect the Court's and the community's disapproval and must act inasmuch as it can to protect women in the family home.

[10] To reflect the violent and unprovoked act of kicking his wife in the head (later causing her death) I take as a starting point a term of ten years. For mitigation including his "eve of trial" plea of guilty, his time in custody, and his claimed remorse I deduct 3 years from that term meaning that he will go to prison for a term of 7 years. He will serve a minimum term of five years 6 months before being eligible for parole.

[11] He has 30 days to appeal to the Fiji Court of Appeal.

Paul K. Madigan
Judge

At Lautoka
13 October 2010