25-yr-old gets 12 month jail time for stabbing younger brother

The High Court of Labasa has handed a 12-month jail term for a 25-year-old man who stabbed his younger brother with a small knife.

The offender, Emitai Boladuadua pleaded guilty to a charge of act with intent to cause grievous harm.

The incident occurred on June 14, 2021, at a settlement in Nakobo, Cakaudrove. On this day, the victim came to the offender’s house to drink alcohol along with their uncle. When they had finished drinking, the victim was asked to return to his home.

Time of the offence

Both the victim and the offender were drunk at the time of the offence.

The victim started a commotion and the offender confronted him with a small knife.

There was a physical altercation in which the offender stabbed the victim several times. By the time their uncle intervened, the victim fell to the ground and was bleeding profusely.

Nature of the offence

High Court Judge Justice Daniel Goundar said the nature of offence was grave.

“A weapon was used to inflict physical injuries to the victim,” Justice Goundar said.

“The violence was fuelled by alcohol.

“The offender, who is an older sibling breached the trust of his younger brother by inflicting physical injuries on him.

“The court’s duty is to denounce and deter family violence,” Justice Goundar said.

The maximum penalty prescribed for the offence of causing serious harm was life imprisonment.

Justice Goundar said the tariff for the offence was between six months imprisonment to five years imprisonment, and in cases where a weapon was used, the starting point ranged from two years imprisonment to five years, depending on the nature of the weapon.

He said the offender was provoked when his brother caused a commotion and did not leave his home quietly after the drinking party.

He noted that the offender offered his apology to his brother and his brother had accepted the apology.

The offender has been convicted and sentenced to 12 months imprisonment with a permanent restraining order with standard non-molestation conditions issued against the offender for the protection of the victim.