1977 GILR 132

FIJI COURT OF APPEAL

Criminal Appeal No 9 of 1976

TEITENGAUN TEBANA

v

REGINAM

Before: Gould V.P. Marsack and Henry J.J.A.

Suva, 9th and 16th March 1976

Appeal to Court of Appeal - manslaughter - sentence of 7 years' imprisonment - provocation - sentence reduced to 4 years' imprisonment.

The appellant was charged and convicted of manslaughter on his own plea and sentenced to 7 years' imprisonment by the High Court (Davis J.) sitting at Bairiki on 6th November 1975. The deceased had behaved in a most insulting and provocative manner and had forced his attentions on the appellant's wife which provoked the appellant into a fight in which the deceased was killed The appellant appealed on the grounds that he had no previous convictions, that he suffered exceptional provocation, that he was holding a knife in his hand when deceased attacked him and that in those circumstances the sentence of 7 years' imprisonment was excessive.

HELD: That the sentence was manifestly excessive and that the appropriate sentence be 4 years' imprisonment to take effect from 6th November 1975.

H.M. Patel for the Appellant
D.C. Adams for the Respondent

MARSACK J.A.:-In this case, as in appeal number 8 of 1976, Crown Counsel expressed the opinion that the sentence was excessive. Although the learned trial judge gave no reasons for imposing a sentence of 7 years' imprisonment, the facts established at the trial made it clear that the deceased had behaved in a most insulting and provocative manner and had tried to force his attentions on the appellant's wife in his presence. It was the deceased who forced the appellant into a fight in the course of which the appellant used a knife which he was already carrying.

2. In the circumstances, and for the reasons set out in detail in our judgement in appeal number 8, we consider that the appropriate sentence would be 4 years' imprisonment. Accordingly we quash the sentence of 7 years' imprisonment and substitute one of 4 years' imprisonment to take effect from 6th November, 1975.