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State v Marama [1990] FJHC 6; HAC0017.90s (5 January 1990)

IN THE HIGH COURT OF FIJI
CRIMINAL JURISDICTION

CRIMINAL CASE NO. 17 OF 1990

STATE

V

ELESI MARAMA

INFANTICIDE: Contrary to Section 205 of the Penal Code, Cap. 17

Ms Aruna Prasad for the State
Mr. K. Vuetaki for the Accused

SENTENCE

Infanticide is tending to be on the increase. This is the second case that has come up before me in the course of one year. It is true that this offence was committed, as the information itself states, while the balance of the mind of the mother “was disturbed by reason of her not having fully recovered from the effect of giving birth to the child.” At the same time it should be realized that taking a young and innocent life is a reprehensible act which should be condemned outright and punished appropriately.

If the mother feels that an unwanted child will be a burden on her and her parents as in this case there are a good number of people who are eager to adopt such children. When news of an unwanted baby spreads there will be hundreds of applicants willing to adopt the child. When such alternative exist it is cruel to kill a newborn in the manner in which this accused has done.

I have considered all the mitigatory factors urged by Mr. Vuetaki. But it is my view that an immediate custodial sentence is necessary in this case to serve as a deterrent not only to like-minded individuals but also to this accused herself who is now only 23 years of age and still remains unmarried.

I therefore sentence the accused to imprisonment for 12 months.

M.D. Jesuratnam
JUDGE

At Suva
1^st May, 1990

HAC0017.90S