A 34-year-old mother of four who struck her husband with a cane knife, causing an open skull fracture, has been spared imprisonment and instead placed under a community-based corrections order for one year.
Delivering sentence in the High Court in Labasa on May 28, Justice Lee Burney acknowledged the seriousness of the domestic violence offence but said the circumstances of the case warranted a stronger focus on rehabilitation rather than custody.
The woman had pleaded guilty on August 20, 2025, to one count of an act intended to cause grievous harm under the Crimes Act 2009. The court heard that she struck her husband with a cane knife, causing a severe head injury.
Justice Burney noted that sentencing was complicated by issues of domestic violence, emotional distress, mental health concerns and child welfare considerations.
“This is a difficult sentencing exercise in light of the context of domestic violence, emotional distress, mental health concerns, and child welfare issues,” Justice Burney said.
The court considered a pre-sentencing report prepared by the Department of Social Welfare, which described the woman as the primary caregiver of her four-year-old son and highlighted a history of instability, vulnerability in domestic relationships and unresolved trauma.
The report assessed her as presenting a low to moderate risk to the community because the offending occurred within a specific domestic setting rather than as part of a broader pattern of violent behaviour.
While prosecutors submitted that the offence was aggravated by the use of a dangerous weapon and the serious injuries inflicted on the victim, the defence pointed to the woman’s remorse, cooperation with police, early guilty plea and the approximately 12 months she had already spent in custody awaiting the outcome of the case.
Justice Burney said domestic violence offences of this nature generally required punishment that denounced and deterred such conduct.
“However, in all the circumstances of this case, I consider it appropriate to elevate your rehabilitation as the primary purpose of the sentence I have decided to impose,” he said.
The judge said community-based sentencing options created under the Community-Based Corrections Act 2018 were designed to promote rehabilitation and reduce reoffending.
“Given the recommendation that you be managed within the community under supervision, and should be referred for mental health assessment and ongoing counselling to address trauma and emotional regulation, I have decided that a community-based corrections order is the most appropriate way of dealing with you,” Justice Burney said.
The court also endorsed recommendations for ongoing involvement by the Department of Social Welfare to support the woman and her family through accommodation assistance, livelihood support and efforts to maintain appropriate contact with her children.
The woman must comply with the conditions of the order and directions of her supervising officer for one year or risk being returned to court and dealt with differently. She has 30 days to appeal the sentence.
