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State v Stevens [2010] FJHC 189; HAC011.2008 (2 June 2010)

IN THE HIGH COURT OF FIJI
AT SUVA
CRIMINAL JURISDICTION

Criminal Case No: HAC011 of 2008

STATE

V

TOMASI SAVU TAREGUCI STEVENS

Hearing: 27th – 27th May 2010
Sentence: 2nd June 2010

Counsel: Ms. A. Tuiketei for State
Ms S. Vaniqi & Ms M. Savou for Accused

SENTENCE

[1] Tomasi Savu Stevens, you stand convicted of manslaughter of Josefa Drugu.

[2] The facts are that on 15 December 2007 at around 4pm you were walking along a road in Tacirua when the deceased called you from a house where he had been drinking with his friends. When you attended to the call and approached the deceased, he accused you of being a thief and swore at you. You got angry and challenged him and his friends for a fight. You and the deceased got into a scuffle in which you threw punches at him. You ended up on the roadside where the deceased got hold of your neck to prevent you from punching him. While this was happening, the deceased’s friends stood up in support of him. One of them came and punched you. You took a kitchen knife from your back pocket and stabbed the deceased on the chest. You stabbed twice and ran away. The deceased collapsed and he died on his way to the hospital. When you arrived home you accompanied your parents to a police station and surrendered yourself.

[3] You are 30 years old, single and unemployed. You have attained Form 6 education.

[4] At the time you committed the offence you were chased away from your home and you did not have a home to sleep.

[5] You said you were sleeping underneath a tree. You have a history of mental illness but at the time you committed the offence you were legally sane.

[6] You knew what you were doing. You told the police and this Court that you acted in self-defence and was provoked.

[7] Manslaughter carries a maximum penalty of life imprisonment. In Kim Nam Bae v. The State Criminal Appeal AAU0015/1998S, the Court of Appeal held that cases on sentencing for manslaughter range from a suspended sentence to 12 years imprisonment, depending on the circumstances of each case. It is also recognized that a suspended sentence is usually reserved for cases where the provocation was grave and the degree of violence inflicted minimal.

[8] In your case, I accept that you were provoked by the deceased but I do not consider the provocation to be extreme. When the deceased swore at you, you challenged him for a fight and in fact punched him several times. To avoid the punches, the deceased got hold of your neck and at that point you stabbed him with a knife. The use of knife is an aggravating factor.

[9] The mitigating factors are your cooperation with the police, disadvantaged background and history of mental illness.

[10] You are not entitled to any credit for previous good character. You have four previous convictions. None is for violent offence. Your last conviction was in 2002 for burglary.

[11] Taking all these matters into account a sentence of five years imprisonment is just and appropriate. However, you have been in custody pending trial for 2½ years. With the necessary adjustment for remissions, a reduction of the sentence by three years is appropriate. That leaves a term of 2 years imprisonment.

[12] I have considered suspending the sentence but in the event decided not to suspend it for two reasons.

[13] Firstly, the provocation by the deceased was not extreme. Secondly, considerable force and a weapon were used to inflict the fatal injury on the deceased. The court and the community denounce use of any form of violence to take away a human life.

[14] You are sentenced to 2 years imprisonment. You may appeal to the Court of Appeal within 30 days.

Daniel Goundar
JUDGE

At Suva
2nd June 2010