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

State v Ratunarukutabua - sentence [1993] FJHC 124; HAC0017s.1993s (21 December 1993)

IN THE HIGH COURT OF FIJI
At Suva
Criminal Jurisdiction

CRIMINAL CASE NO. 17 OF 1993

THE STATE

v.

IRIMAIA RATUNARUKUTABUA

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

Mr. Dane Tuiqereqere for the State
Accused in Person

SENTENCE

The accused has been convicted of the Manslaughter of Prema Wati Devi. This is an offence which carries a maximum penalty of life imprisonment.

The evidence is clear that the deceased had gone to attend a birthday party at Kalokalo Place, Makoi on the evening of Saturday the 12th September 1992. It was to be a joyous occasion but little did she suspect when she began to climb the steps leading to the terrace of the house that she would never make it to the top.

The accused in a bold and daring robbery chased after her up the stairs and pulled at a handbag slung over her shoulder causing her to fall and hit her head heavily on the concrete steps. She sustained extensive injuries to the side of her head and fatal bleeding inside her skull from which she later died.

This awful crime in which an innocent unsuspecting victim has lost her life was committed so that the accused might get some money in his own words: "to buy some beer".

The accused also says that he only intended to rob his victim as though that would lessen the unlawfulness of his actions or erase its fatal and tragic consequences. It does not.

This court has a duty to protect the lives and property of innocent law-abiding citizens from the likes of the accused who by his actions in this case has shown scant regard for both.

No sentence I impose can bring back the deceased or diminish the deep sense of loss necessarily engendered by the sad and tragic circumstances of her untimely death.

But if by the incarceration of the accused society will be made a little less dangerous then her death would not have been completely in vain.

I have taken into consideration everything that has been urged by the accused in mitigation but the usual tariff for an offence of Robbery with Violence is between 2-4 years. This was a robbery in which death was caused albeit unintentionally and must be viewed more seriously.

The accused is accordingly sentenced to five (5) years imprisonment.

(D.V. Fatiaki)
JUDGE

At Suva,
21st December, 1993.

HAC0017S.93S