Lautoka High Court judge has stressed that “child responsibility and legal responsibility go hand in hand” while sentencing a grandmother whose negligence led to the death of her three-year-old grandson in Sigatoka.
Delivering sentence on July 20, Justice Sunil Sharma sentenced the grand-mother to two years imprisonment, suspended for three years, after she pleaded guilty to one count of manslaughter arising from a breach of duty.
The court heard that on January 29 this year, she crossed a pedestrian crossing with one grandchild, leaving three-year-eight-month-old son about 10 metres behind. The child entered the crossing unattended and was struck by a vehicle, later dying from his injuries.
Justice Sharma said the loss of the child could have been avoided.
“Child responsibility and legal responsibility go hand in hand, and any breaches would have serious consequences.”
He added that while the accused would carry the pain of losing her grandchild forever, the court could not ignore that an innocent life had been lost.
“No amount of repentance will bring back the victim.”
Justice Sharma said the accused had shown genuine remorse, pleaded guilty at the earliest opportunity, cooperated fully with police and accepted responsibility for her actions.
He also noted she continued to care for her other grandchildren without incident, demonstrating that she had learned from her mistake.
The court ruled that these factors made immediate imprisonment inappropriate and justified a wholly suspended sentence.
In addition to the suspended prison term, the mother was ordered to complete two sessions of general and parental counselling through the Ministry of Women, Children and Social Protection within three months.
