The Supreme Court of Fiji has ordered the release of 18-year-old Livai Ratabua, who was serving a life sentence, after his murder charge was downgraded to manslaughter. Ratabua was accused of killing Pauliasi Iliatoko on January 7, 2013, during a drinking party at the Balawa Cemetery in Lautoka by kicking and stomping on his face.
Justice William Young stated that the judge and assessors had concluded that Ratabua recognized the substantial risk of death from his assault. However, he noted that this inference should consider all relevant circumstances. He mentioned that it was arguable that the alcohol Ratabua consumed may have impaired his cognitive functioning, preventing him from recognizing a risk of death that he would normally appreciate.
Justice Young explained that Ratabua was guilty of manslaughter if he was reckless about the risk of causing serious harm. He indicated that it was practically inevitable that, despite being drunk and angry, Ratabua recognized the risk of dangerous harm by targeting the deceased’s head.
Justice Young highlighted that Ratabua was sentenced to life imprisonment on July 14, 2016, and had served nearly eight years. He determined that justice would be served by sentencing Ratabua to eight years, which, considering good behavior, should result in his immediate or prompt release.