IN THE HIGH COURT OF FIJI
AT LAUTOKA
CRIMINAL JURISDICTION

CRIMINAL CASE NO.: HAC 03 OF 2014

STATE

v

PRIYA DARSHANI

Counsels: Mr. S. Babitu for the state
 Mr. R. Kumar for the accused

Date of Sentence: 8 May 2014 

SENTENCE

1.	You are charged as follows:

FIRST COUNT
STATEMENT OF OFFENCE

 MURDER: Contrary to Section 237 (1) of the Crimes Decree 44 of 2009.

PARTICULARS OF OFFENCE

 PRIYA DARSHANI on the 18th of December 2013 at Lautoka in the Western Division murdered TAUFA PATOLO.

SECOND COUNT
STATEMENT OF OFFENCE

 MURDER: Contrary to Section 237 (1) of the Crimes Decree 44 of 2009.

PARTICULARS OF OFFENCE

 PRIYA DARSHANI on the 18th of December 2013 at Lautoka in the Western Division murdered SARAH ROSEMARY PATOLO.

THIRD COUNT
STATEMENT OF OFFENCE

 ATTEMPTED MURDER: Contrary to Section 44 (1) and Section 237 (1) of the Crimes Decree 44 of 2009.

PARTICULARS OF OFFENCE

 PRIYA DARSHANI on the 18th of December 2013 at Lautoka in the Western Division attempted to murder ANGELINE FISI PATOLO.

FOURTH COUNT
STATEMENT OF OFFENCE

 ATTEMPTED MURDER: Contrary to Section 44 (1) and Section 237 (1) of the Crimes Decree 44 of 2009.

PARTICULARS OF OFFENCE

 PRIYA DARSHANI on the 18th of December 2013 at Lautoka in the Western Division attempted to murder GRACE PATOLO.

FIFTH COUNT
STATEMENT OF OFFENCE

 ATTEMPTED MURDER: Contrary to Section 44 (1) and Section 237 (1) of the Crimes Decree 44 of 2009.

PARTICULARS OF OFFENCE

 PRIYA DARSHANI on the 18th of December 2013 at Lautoka in the Western Division attempted to murder ANNA KAIFONUA MILIANA PATOLO.

2.	On 3rd April 2014 you pleaded guilty to all five charges against you and admitted the Summary of Facts on 4th April 2014.

3.	The Summary of Facts submitted by the State Counsel states as follows:

 The accused in this case is Priya Darshani. She is 22 years of age and unemployed. The accused lived in a de-facto relationship with Mokai Falakiko Patolo, a machine operator at Royal Noni Fiji (Kura Factory).

 Mokai Falakiko Patolo was in a de-facto relationship with Taufa Patolo, 33 years of age and unemployed. Together they have 4 children. Priya Darshani has a child also with Mokai Falakiko Patolo. The accused and Mokai Falakiko Patoto live in a separate house in Lawaki in Lautoka.

 On the 18th of December 2013 at about 10am, the accused went to Veiseisei, Lautoka to the house where Taufa Patolo and her children were living.

 Upon seeing the accused, Taufa Patolo (deceased) had an argument with the accused on why she had come to their house.

 From the argument, the accused picked up a crow bar which was lying outside the house and struck Taufa Patolo (deceased) on her head. Taufa Patolo (deceased) was carrying her 7 month old baby, Sarah Rosemary Patolo, at the time that she was struck and they both fell to the floor.

 While Taufa Patolo was lying on the floor, the accused hit her head several times and thereafter struck the 7 month baby on her head. The accused when went after Taufa Patolo's 3 children who were also in the house and struck them with the crow bar which led to serious injuries as noted in their medical report (attached).

 Both Taufa Patolo and the 7 month old baby instantly died and the 3 children lay in the house injured. The accused then left the house of Taufa Patolo.

 Neighbours of Taufa Patolo had heard the commotion but when they checked the house of Taufa Patolo, they found Taufa Patolo and her children lying in a pool of blood. The accused was also seen by the neighbours walking away from the house of Taufa Patolo. The accused was seen rushing away carrying her son.

 Calls were made to the husband of Taufa Patolo and he came and rushed his wife and children to the Lautoka Hospital.

 On 20th of December 2013, a Post Mortem was conducted by Doctor Avikali and Doctor Praneel on both the deceased.

 The Post Mortem reports revealed the following injuries:

 Taufa Patolo

 According to the Post Mortem Report of Taufa Patolo the condition directly leading to death was extensive subarachnoid hemorrhage. The antecedent causes were multiple traumatic head injuries due to blunt force trauma.

 Sarah Rosemary Patolo

 According to the Post Mortem Report of Sarah Rosemary Patolo the condition directly leading to death was massive subarachnoid hemorrhage. The antecedent causes were head injury due to blunt force trauma.

 There were also medical reports that were done on Grace Patolo, Angeline Fisi Patolo and Anna Kaifonua Miliana. The reports had noted the following:

 Anna Kaifonua Miliana Patolo
 Injuries

 According to the medical report in which the examination was conducted on the 18th of February 2014, it noted the following:

 a) Head injury suspected skull fracture
 b) Soft tissue injury – abrasion, bruising nasal bridge (nose)
 c) Laceration over left ear (1cm)
 d) Left Chin laceration (2cm)
 e) Bruising on left of chest

 The opinion of the doctor was that the child was assaulted with a blunt weapon resulting into bruising and with a sharp weapon resulting injuries such as laceration. Non accidental injuries.

 Grace Patolo
 Injuries

 Her medical examination had noted the following injuries:

 a) Mild head injury
 b) Multiple lacerations on face
 c) Abrasion on neck (7cm)
 d) Laceration L Ear pin (2cm)
 e) Bilateral eye swelling/orbital hematoma
 f) Bruising on shoulder
 The doctor also noted that the child was in a severe psychological and emotional breakdown and doesn't talk much.

 Angelina Fisi Patolo
 Injuries

 Her medical examination had noted the following:

 a) Complete transected trachea (wind pipe)
 b) Stab wound neck
 c) Neck laceration
 d) Severe head injury 
 e) Deep laceration mandible region
 f) Bruising R eye, Abrasion face
 g) Depressed skull fracture

 The doctor further noted that there was bleeding from the mouth and nose and bruising on her chest wall.

 The accused was arrested and interviewed by the Police. She had admitted that she was the person that had murdered Taufa Patolo and Sarah Rosemary Patolo and also injured the 3 children namely Grace Patolo, Angelina Fisi Patolo and Anna Kaifonua Miliana. The accused had admitted that the reason she went to Veiseisei was to go and kill Taufa and the family and she did not like them.

 Accordingly, the State has filed charges for Murder and Attempted Murder. The accused person had on the 3rd of April 2014 pleaded guilty to all counts. 

4.	After carefully considering the Plea of you to be unequivocal, this Court found you guilty for two counts of Murder contrary to Section 237 (1) of the Crimes Decree and three counts of Attempted Murder contrary to Section 44 (1) and Section 237 (1) of the Crimes Decree No. 44 of 2009. 

5.	Accused Priya Darshani you stand convicted for two counts of Murder and three counts of attempted Murder.

6.	The mandatory sentence fixed by law for Murder and Attempted Murder is that the convicted person shall be sentenced to imprisonment for life. There is no discretion allowed to the Court in a murder case to sentence to a lesser term.

7.	It is well known that convicted persons sentenced to life imprisonment usually do not serve the full term, that is serve imprisonment for the rest of their lives
8.	In State v Momo [2012] FJHC 1093; HAC 086.2011 (18 May 2012) Hon. Mr. Justice Temo had discussed this issue in detail. 

 "Murder" is a serious offence, and it is often said, to be at the top of the criminal calendar. It carries a mandatory penalty of life imprisonment. (Section 237, Crime Decree 2009). The court has the power to fix a non-parole period to be served, before a prisoner is eligible for parole. Case precedents show that the non- parole period for murder varies widely, depending on the peculiar facts of the case. In Waisale Waqanivalu v The State, Criminal Appeal No. CAV 0005 of 2007, Supreme Court, Fiji, on 5 counts of murder and 1 of attempted murder, the accused was given 19 years non-parole period on each murder count, and 10 years consecutive on a pending prison sentence, total non-parole period was 26 years. In State v Niume & Others, Criminal Case No. HAC 010 of 2010, High Court, Suva, on 2 counts of murder, Accused No. 1 was given 25 years non-parole period for the murder counts. In State v Ashwin Chand, Criminal Case No. HAC 032 of 2005, High Court, Lautoka, on a count of murder, the accused was given a non-parole period of 22 years. In State v Navau Lebobo, Criminal Case No. HAC 016 of 2002, High Court, Suva, the non-parole period was 20 years. Twenty years non-parole period were also imposed in the following three cases: State v Anesh Ram, Criminal Case No. HAC 124 of 2008S, High Court, Suva; The State v Bharat Lal & Others, Criminal Case No. HAC 061 of 2009S, High Court, Suva; The State v Balekivuya, Criminal Case No. 095 of 2010S, High Court, Suva. In State v Tukana, Criminal Case No. HAC 021 of 2009, High Court, Lautoka, the non-parole period was 11 years. The non-parole period imposed will depend on the mitigating and aggravating factors.
 
9.	Aggravating factors;

(i)	Use of a weapon-crow bar to inflict injuries on the two deceased and the three child victims

(ii)	One deceased was 7 months old baby while three child victims were of a young and tender age

(iii)	The offence was violent of nature and caused severe injuries on the three child victims

(iv)	The actions of the accused person has deprived the three child victims from the love and affection of a mother

(v)	Psychological trauma on the three child victims.

10.	Mitigating circumstances:

(i)	You are first offender at the age of 22 years 

(ii)	You are mother of 1 year and two months old son 

(iii)	You pleaded guilty on first available occasion

(iv)	You are remorseful

(v)	You were in remand from 18.12.2013.

11.	After weighing the aggravating factors against the mitigating circumstances of this case, I fix a one head non-parole period of 20 years acting under Section 18 (1) of the Sentencing and Penalties Decree.

12.	Your sentences are as follows: 

(i)	1st count of Murder - Life imprisonment

(ii)	2nd count of Murder – Life imprisonment

(iii)	3rd count of Attempted Murder - Life imprisonment

(iv)	4th count of Attempted Murder - Life Imprisonment

(v)	5th count of Attempted Murder - Life imprisonment

You are not eligible for parole till serving 20 years imprisonment from 18.12.2013.

13.	30 days to appeal to Court of Appeal with leave from that Court.

Sudharshana De Silva
JUDGE

At Lautoka
08th May 2014

Solicitors : Office of the Director of Public Prosecution for State
 Office of the Legal Aid Commission for Accused