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State v Ranuve - Sentence [2015] FJHC 657; HAC151.2015 (9 September 2015)

IN THE HIGH COURT OF FIJI
AT SUVA
CRIMINAL JURISDICTION

CRIMINAL CASE NO: HAC. 151 of 2015

BETWEEN:

STATE
PROSECUTION

AND:

TIMOCI RANUVE
ACCUSED PERSON

Counsel: Mr. T. Qalinauci for State
Ms. Tarai for Accused

Sentence : 09th September 2015

SENTENCE

1. Timoci Ranuve you were convicted for the offence of Manslaughter on your own plea of guilty.
   
2. The brief facts of the case are, on 09/03/2015 you were having lunch with your relatives when the deceased peeped through the front door. Then Samisoni yelled 'someone peeped through the front door!' Seeing the people inside the house, the deceased ran away. One of the ladies inside the house named Lusi (PW2) told the people inside the house that he was the boy who used to come and try to ask them out when their husbands were away. Then Samisoni ran after the deceased and stopped him behind the house and questioned him about the allegation made by (PW2). Then the accused threw 4 punches on the deceased before he fell down. The deceased's head was landed on the tarseal road. Deceased was unconscious, taken to hospital. On 13/03/2015 deceased passed away.
   
3. The pathologist opined the cause of death after the post mortem as Extensive Subdural and Subarachnoid Hemerrhage and 'assault' as external cause.
   
4. The prescribed maximum punishment for manslaughter in terms of section 239 of the Crimes Decree 2009 is imprisonment for 25 years.
   
5. Tariff for the offence of Manslaughter ranges from a suspended sentence to 12 years imprisonment (Kim Nam Bae v. State Cr. App No. AAU0015 of 1998S).
   
6. Taking into account a series of case authorities, in State v. Viliame Ratoa Criminal Case No. HAC 173 of 2010S, Court said:
   

"..."Manslaughter" is a serious offence, and carries a maximum sentence of 25 years imprisonment. The tariff for manslaughter in Fiji is a suspended prison sentence to a sentence of 12 years imprisonment. Sentences in the upper range were reserved for cases where the degree of violence was high, and the provocation minimal. Sentences in the lower range were reserved for cases where the violence used was minimal, while the provocation was extreme. The tariff covers a very wide set of varying circumstances which will attract different sentences, depending on its own set of facts: Kim Nam Bae v The State Criminal Appeal No. AAU0015 of 1998S, Fiji Court of Appeal; The State vs Francis Bulewa Kean Criminal Case No. HAC 037 of 2007S, High Court, Suva; The State v Tomasi Kubunavanua, Criminal Case No. HAC 021 of 2008, High Court, Suva. Of course, the actual sentence will depend on the aggravating and mitigating factors."

7. In case of State v. James Ashwin Raj (HAC 041 of 2012) when the accused pleaded guilty to manslaughter was sentenced to 4 years imprisonment by Hon. Justice Goundar. In that case the accused after an altercation with the deceased at a nightclub in Labasa town punched the deceased, and when the deceased fell down on the pavement further punched and kicked him until he lay motionless on the ground. Accused also assaulted the deceased's de-facto partner when she tried to lift the deceased.
   
8. In case of State v. Tomasi Takaka (High Court Labasa Criminal Case No. 41 of 2014) where the accused was found guilty and convicted after trial was sentenced to 3 years and 2 months. In that case the accused after a fight with the deceased brought the deceased to the concrete floor and continued to assault the deceased by kicking his head and stepping on it.
   
9. In the instant case the accused may have got provoked when the deceased peeped through the door and a lady said that the deceased used to come and try to ask her out when their husbands were away. However the provocation was minimal as the accused punched the deceased when the deceased was stopped behind the house by one Samisoni.
   
10. The accused did not use any weapon.
    
11. Mitigating factors as submitted by the defence counsel are that the accused is 29 years old married with 3 small children, he also supports his parents and the accused is remorseful. I don't find any aggravating factors.
    
12. I pick 5 years as the starting point. I deduct 2 years for the mitigating factors and deduct another 1 year for your early guilty plea.
    
13. Now your interim sentence is 2 years. I further deduct 6 months for your period in remand. Now your sentence is 18 months imprisonment.
    
14. Now I will consider whether your 18 months imprisonment sentence should be suspended. In case of State v. Raj [2013] FJHC 94; HAC041.2012 (7 March 2013) Justice Goundar said in paragraph 12:
    

"Suspended sentences have been imposed in cases where the offenders have used minimum violence such as one punch causing the victim to die of head injury as a result of a fall on a hard surface (State v Mikaele Buliruarua Criminal Case No. HAC 001/2002). Sentences have been suspended also in cases of battered women syndrome or extreme provocation for a prolonged period of time by the deceased (State v Shakuntala Devi Criminal Case No. HAC 001/2001S, State v Leba [2004] FJHC 61; HAC 0021J.2003S, State v Wati [2001] FJHC 316; [2001] FLR 336, State v Darshani [2006] FJHC 24; HAC 0007S 2005). The dominant factor in assessing the culpability of an offender in a manslaughter case is the degree of violence used to cause death. ..."

15. In the instance case although there was provocation it was minimal. Accused did not stop at one punch but continued to give 4 punches until the deceased fell on the ground. I do not find it appropriate to suspend the term of 18 months imprisonment.
    
16. Therefore your final sentence is 18 months imprisonment.
    

Priyantha Fernando
Judge

At Suva
09th September 2015

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