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High Court of Fiji |
IN THE HIGH COURT OF FIJI
AT LAUTOKA
[CRIMINAL JURISDICTION]
CRIMINAL CASE NO. HAC 88 OF 2019
STATE
V
MOSESE WAQANISEVULA
Mr. P. Unal for the State
Mr. Filipe & Ms. Vulimainadave for the Accused
Date of Hearing: 21st, 22nd & 23rd May 2024
Date of Judgment: 14th June 2024
Date of Sentence: 26th July 2024
SENTENCE
[1]. The offender was charged with one count of attempted murder contrary to section 44 and 237 of the Crimes Act 2009
[2]. The trial was heard on the 21st to the 23rd of May 2024. On 14th June, 2024 the offender was found guilty after trial and convicted on the said count. I have a duty to explain the sentence that I am going to impose on him.
[3]. The gravity of an offence is determined by the actual conduct of the offender and the objective circumstances of the offence. The victim was the offender’s ex-defacto partner.
[4]. The facts are as follows. The offender and the victim were previously in a de-facto relationship. The victim had ran away from the offender’s residence after she was ill-treated and physically abused by the offender. On the 17th of April 2020 the victim was drinking with her uncle and
another at the Leon’s night club around 9.00pm when she was approached by the offender in the washroom. Thus, the offender entered the washroom passage, opened the washroom door, switched off the ceiling lights and continuously stabbed the victim with a sharp object at the back of the victim’s head, on the right side of her neck and both of her fore arms. The victim sustained multiple head and neck injuries highlighted in her medical report including both her forearms. The injuries are as follows
i) 3cm laceration on occipital area part of the head.
(ii) 1.5 cm laceration on the side of the neck.
(iii) 5cm laceration on the left proximal forearm extending to the elbow.
(iv) Superficial laceration and bruises on the neck.
[5]. The seriousness of the assault led to the victim’s sustaining multiple laceration injuries on her head, neck and both her forearms which resulted in to her being admitted in Lautoka hospital for over a month. The alleged incident of stabbing happened at Leon’s night club in Lautoka city. The accused ran away from the scene leaving the victim who had sustained multiple injuries crawling on the floor of the washroom soaked with blood.
[6]. The victim was discovered by night club security officer. Thus, as a result of the multiples head injuries, neck and forearms sustained by the victim she was admitted in the hospital at Lautoka for over one month for treatment and recovery. When the victim was released from hospital she was visited by the police to take down her statement.
[7]. The impact of the incident on the victim’s life reminds the victim of the trauma from the incident. She has been prejudiced by this ongoing trauma from the incident and deprives her from enjoying new relationship
with a new partner where she will always be traumatizes by her memory of what happened that evening at the nightclub.
[8]. There was a betrayal of trust demonstrated by the accused person, the victim was his ex-defacto partner and although they’re no longer together. The victim suffered multiple head, neck and both forearms injuries.
Law and Tariff of Sentencing
[9]. The maximum penalty prescribed for attempted murder is life imprisonment.
[10]. Since the sentence for attempted murder is fixed by legislature, I have no option but to impose a sentence of life imprisonment (Shaheen v State [2022] FJSC 17; CAV0015.2019 (28 April 2022)). The only discretion available is to set a minimum term to serve before a release may be considered. Counsel for the State has provided a useful summary of the sentences imposed in attempted murder cases as follows:
| CASE | SENTENCE |
| Life imprisonment with a minimum term of 8 years after trial. [domestic violence offending; accused and victim were in a de-facto relationship; accused struck the victim with a cane knife]. |
| Life imprisonment with a minimum term of 8 years after trial. [domestic violence offending; accused and victim were in a relationship; accused had struck the victim with a knife]. |
| Life imprisonment with a minimum term of 8 years after trial. [Domestic violence offending; accused and victim were married but separated at the relevant time; accused stabbed victim with an
iron rod on her neck]. |
| Life imprisonment with a minimum term of 15 years after trial. [Domestic violence offending; accused and victim were in a relationship; accused tried to drown the victim]. |
| Life imprisonment with a minimum term of 8 years after trial. [Domestic violence offending; accused and victim were in a relationship; accused had struck the victim with a kitchen knife. |
Accused was charged with Attempted Murder and AWITCGH. | Life imprisonment with a minimum term of 12 years imprisonment after trial; [domestic violence offending; accused was the ex-husband of the victim; accused had stabbed his ex-wife with a knife on her head,
hand/elbow and neck. |
Accused was charged with Attempted Murder and Damaging Property. | Aggregate sentence of life imprisonment with a minimum term of 6 years, 7 months and 20 days after trial; [accused had driven his car into a phone booth which the victim was in; no domestic relationship however the accused had asked the
victim to be in a relationship with him]. |
[11]. The level of harm caused by the offender is high. His subjective features such as his age (26 years old), and family background carry less weight. His claim of being remorseful is made late and cannot be considered as genuine. The only mitigating factor is his previous good character being a first offender.
[12]. The aggravating factors are that the offender was the ex- defacto partner of the victim and is vulnerable. The offender is responsible for victim’s safety and security. Instead the offender breached the trust of his partner. There was also a degree of planning involved to escape from the scene after severely assaulting victim and abandoning her in a Leon’s night club washroom. The multiple injuries sustained was life threatening if the victim was not rushed to the hospital immediately.
[13]. The message to the offender and others must be clear. The court’s duty is to denounce and deter domestic violence by imposing condign punishment. The gravity of the offences justify severe but just and fair sentence.
[14]. The victim was the offender’s ex - de-facto partner. The calculated vicious attack while the victim was with the offender was therefore defenseless and vulnerable.
[15]. The multiple injuries sustained by the victim on her head, neck and both forearms were life threatening and if not treated immediately, the injuries had resulted to mass loss of blood and would resulted into loss of life.
[16]. I take into account that the offender had spent time 14 months in custody on remand. The term of 1 year and 2 months is time already served and will be deducted from your current sentence.
[17]. The offender is sentenced to life imprisonment with a minimum term of 7 years and 10 months to serve before any release may be considered.
[18]. You have 30 days to appeal to the Fiji Court of Appeal.
...........................................
Sekonaia. V. Vodokisolomone
Acting Puisne Judge
Solicitors:
Office of the Director of Public Prosecutions for the State
Office of the Legal Aid Commission for the Accused
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