10 months jail time for man who assaulted wife with hammer
AVunivau man in Labasa, has been sentenced to 10 months imprisonment after he assaulted his wife with a construction hammer.
Ashneel Kamal Deo, 39, had assaulted his wife with a hammer that led to her receiving serious injuries to her head (front and side) after a disagreement broke out between
the couple on April 21, last year.
While delivering his sentence via skype, Judge Justice Gihan Kulatunga, said his decision to sentence Deo was based on the aggravating factor ‘domestic violence’ element. He was charged with one count of act with intent to cause grievous harm.
Justice Kulatunga said he found the prosecution had proven beyond reasonable doubt that Deo was guilty.
Michelle Lomaloma appeared for the prosecution.
Justice, Kulutunga said the seriousness of the matter and the medical symptoms of head injuries (front and side) was part of the aggravating factor.
Other aggravating factors included: Breach of trust, incident happened in the presence of their two children and was a pre-planned assault.
Justice, Kulutunga, considered many mitigating factors submitted by defence that reduced the starting sentence from three years.
Two years and two months of sentence term was suspended for mitigating factors.
The mitigating factors included: Family now living happily together, Deo being the sole breadwinner of the family, a first offender, father-oftwo children and cooperated with police during investigation.
Reconciliation was not considered in the matter despite the wife claiming to be living in a good relationship with her husband.
Defence lawyer, Rikshal Dayal, notified the court of his client’s decision to appeal the judgment. He would serve his notice of appeal at the High Court Registry by Monday next week.