In a landmark ruling, Justice Berrigan delivered a sentence of life imprisonment to Bhosip Kaiwi, convicted of the heinous murder of his wife, Jenelyn Kennedy, under section 5 of the Criminal Code.
The trial revealed a shocking tale of brutality and torture that unfolded over five days, highlighting a disturbing level of intention to cause grievous bodily harm and inflict pain and suffering.
The court emphasized the gravity of the crime, stating that Kaiwi held his wife captive in their home, where her children were present, in a gross abuse of trust. The judge described the acts as "torture" and condemned the complete disregard for the victim's life, branding it as a murder of the worst kind.
Taking into account the offender's age, lack of previous convictions, and other mitigating factors, the court deemed them insignificant in comparison to the extreme nature of the crime. Citing precedents such as John Elipa Kalabus v The State and Manu Kovi, the judge asserted that the callous and pre-meditated nature of the crime warranted the maximum penalty.
In delivering the sentence, Justice Berrigan declared, "Accordingly, I sentence the offender to life imprisonment. In my view, this is the only sentence that recognizes the gravity of the offence, will ensure that the offender is adequately punished, the Court appropriately denounces such offences, and that the offender and others are deterred from similar offences in the future."
The court dismissed any possibility of suspension, referencing The State v Tardrew and asserting that the nature and gravity of the offence warranted a life sentence without any chance of parole.