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State v Shaheen - Sentence [2015] FJHC 474; HAC113.2012 (25 June 2015)

IN THE HIGH COURT OF FIJI
AT LAUTOKA
CRIMINAL JURISDICTION

CRIMINAL CASE NO.: HAC 113 OF 2012

STATE

V

MOHAMMED SHAHEEN

Counsels : Ms R. Uce/ MsWakesa E. for the State
Ms S. Ratu for the Accused

Date of Trial : 22nd June – 23rd June 2015
Date of Summing Up : 24th June 2015
Date of Judgment : 24th June 2015
Date of Sentence : 25th June 2015

SENTENCE

1. Mohammed Shaheen you were convicted by this Court for Attempt to commit murder of Rovina Lata.
   
2. The brief facts of the case are, that the Complainant Rovina Lata was your de-facto partner for 4 years. She left your house and came to live in Lautoka with her daughter, as she found another boyfriend.
   
3. On 07/09/12 when Rovina Lata was seen by you with another man in the city, you went and questioned her. When the victim (Complainant) said that she did not want you, but the boyfriend, you got angry and stabbed her.
   
4. When a by-stander Pita Lotu came to help the victim on seeing the incident, you tried to stab him as well. Then Pita Lotu punched you and took the knife from you. You were handed over to the Police.
   
5. The Complainant's medical report and the Doctor's evidence revealed the following injuries:
   
   • - Multiple lacerations about 1cm x 1cm long around the left scapular area, posterior chest wall, left umbiliam and middle finger.
     
6. In terms of Section 237 to be read with Section 44 (1) of the Crimes Decree 2009, the penalty prescribed for Attempted Murder is mandatory sentence of imprisonment for life; with a judicial discretion to set a minimum term to be served before pardon may be considered.
   
7. Therefore I sentence you to imprisonment for life.
   
8. Now I will consider the minimum period you have to serve before being considered for pardon as required by Section 237 of the Crimes Decree. I will consider the aggravating and mitigating factors.
   
9. The aggravating factors are:
   

1. You used a kitchen knife to commit the offence.

2. It is a domestic violence offence as the victim was your de-facto partner.

3. Nature of the stab injuries.

10. Your mitigating factors are:
    

1. You are a first offender.

2. You cooperated with the Police in the investigation once you were arrested and handed over to the Police.

3. Your personal circumstances as submitted such as your age, that you are looking after your sickly father and that you suffer from asthma are also considered.

11. In case of State –v-Balenabodua [2012] FJHC 981; HAC 145.2010 (21 March 2012) His Lordship Justice Temo sentenced the accused for Attempted Murder for life imprisonment with a non parole period of 10 years where the Accused was charged for several other offences as well.
    
12. In State-v-Ali (2015) FJHC 152, HAC 87.2013 (5 March 2015) His Lordship Justice S. De Silva sentenced the Accused for Attempted Murder for life imprisonment with a non parole period of 7 years, where the Accused pleaded guilty to the charge.
    
13. In case of Atonio Vosa HAC 40/2015 (16.6.2015) the Accused who pleaded guilty to Attempted Murder of his ex-wife was sentenced to life imprisonment with 8 years minimum period to be served before being considered for pardon.
    
14. I consider the above line of case authorities and the mitigating and aggravating factors mentioned above. I also consider the circumstances under which the offence was committed.
    
15. Considering the above, I fix 8 years as the minimum period, you have to serve before being considered for pardon.
    
16. Having considered the domestic relationship, I order a permanent Domestic Violence Restraining Order in place identifying the victim Rovina Lata as the protected person.
    

Priyantha Fernando
JUDGE

At Lautoka
25th June 2015

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