A 20-year-old man convicted of manslaughter has been given a wholly suspended prison sentence after the Lautoka High Court found there were compelling circumstances surrounding the fatal incident.
Rishal Kumar was sentenced on July 15 to one year, 11 months and five days imprisonment, suspended for two years, after pleading guilty to one count of manslaughter.
Justice Sunil Sharma said the deceased had acted as the aggressor and that rehabilitation was the overriding consideration in determining the appropriate sentence.
“Considering the facts of the case, that the deceased had behaved in an unruly manner, was the aggressor and had without any reason assaulted the accused, this court has taken into account rehabilitation as a significant and paramount factor in determining whether to impose a custodial sentence,” said Justice Sharma.
The court found a wholly suspended sentence was justified after considering the circumstances of the case.
Justice Sharma reminded Kumar of the seriousness of the offence, despite acknowledging that he had also been a victim during the confrontation.
“Mr. Kumar you have committed a serious offence. Whilst you were also a victim in the circumstances, it cannot be ignored that a life has been lost, which could have been avoided.”
The judge also acknowledged the accused’s remorse and the personal impact of the lengthy court process.
“I am mindful of your remorse and of the fact that you have endured anxiety and the stigma of this charge hanging over your head. No amount of repentance will bring back the victim, however, there are many facts that support you in this case.”
Justice Sharma said Kumar’s youth, his acceptance of responsibility and the unprovoked attack by the deceased warranted giving him another opportunity.
“Being a young offender, and given the compelling circumstances of this case and the unprovoked attack upon you by the deceased, this court will afford you a second chance to put your life in order by imposing a suspended sentence.”
The sentence will remain suspended for two years. If Kumar commits another offence during that period, he risks serving the prison term in addition to any sentence imposed for the new offence.
