Husband jailed for pouring boiling water on wife [1]
Wednesday, June 1, 2016 - 09:22
Siosaia Langi Naufahu (54) was sentenced to five and a half-years imprisonment for grievous bodily harm when he poured a pot of boiling water on his wife at their home in Sopu last year.
The cruel and callous deliberate action left the victim with 35 to 40 percent burns of her total body surface area and permanent scars.
Hon. Mr Justice Cato in sentencing the prisoner on 23 May, at the Nuku'alofa Supreme Court said the maximum sentence for causing grievous bodily harm is 10-years imprisonment.
On domestic violence, a second count he was convicted of 12-months imprisonment or a fine not exceeding $2000 or both.
The prisoner was married to the complainant, who was not named in the judgment, for almost 30-years and had nine children.
On August 24, 2015 at around 5:30am, she was in the kitchen preparing breakfast and lunch for the children. She said he had walked into the kitchen and placed a large pot of water on the stove. After around 20 minutes, he returned and turned off the stove. She walked out of the room and after she had finished in the toilet, she reached out to open the door when he splashed the pot of hot water on her upper body.
The judge said the prisoner then walked away while she cried out to a relative in the house for help. He did not offer any assistance to his wife who went to the shower.
A taxi was called and the complainant was taken to Vaiola Hospital where she was admitted into intensive care for five-days. The burns had caused an airway obstruction, which required her breathing to be supported by mechanical ventilation. Medical advice stated that she had received 35 to 40 percent burns of her total body surface area with permanent scars and damage on her hand and eye, he said.
The prisoner had initially suggested to the probabtion office that splashing boiling water on his wife was accidental although he had subsequently admitted that it was not to police on April 11, 2016 and entered an early guilty plea to both counts.
Domestic violence
Mr Justice Cato said the sentence imposed is on the basis that his actions were deliberate and premeditatedly consistent with his pleas.
"The principle sentencing rationale in cases like this is the protection of victims from violence, deterrence of the prisoner and others in the community from this kind of offending towards women, denunciation of callous and cruel actions like this, and appropriate retribution."
He said the probation report threw some light on the prisoner and the nature of the relationship with his wife. It seemed, although a happy relationship at the start, it had deteriorated over the years. In addition to his drinking and controlling natures and from time to time there appeared to have been some domestic violence.
The complainant also had extramarital affairs according to the probation report, which appeared to have been corroborated by a close relative, he said.
The judge said a starting point for deliberating splashing boiling water on his wife must be in the upper range of the 10-year maximum period because his actions placed the complainant on life support for five-days and a victim impact report stated that she was in hospital for a month after that. She was in great pain and the report said that she had residual physical effects from the incident and had suffered, understandably, marked psychological effects as well.
"It must have been a terrifying experience for her," said the judge.
"He had made an apology, which had been accepted, although I rather doubt having read the victim impact report, that this is really so. The wife seems to be very scared of him and has sought protection.
"However, after considering mitigation including his early guilty plea, a first time offender and some people in the community have spoken well of him, he was given two-years and a half by way of mitigation.
"The sentence I pass on him is five and a half-years imprisonment for grievous bodily harm backdated to when he was remanded in custody, with 10-months on domestic violence to be served concurrently with the first count, he said.
The final 18-months of this sentence was also suspended for rehabilitation on strict conditions that included not physically appproaching the victim unless made known to the probation officer, said the judge.