State v Qoli [1997] FJHC 276; HAC0007T.1997S (18 August 1997)

IN THE HIGH COURT OF FIJI
AT SUVA
CRIMINAL JURISDICTION

CRIMINAL CASE NO. 7 OF 1997

THE STATE

V

NEORI TAVAKATURAGA QOLI

Counsel: Mr. J. Auld for State
Mr. J. Maharaj for Accused

Hearing: 11th to 14th August 1997
Sentencing: 18th August 1997

SENTENCING REMARKS OF PAIN J.

Neori Qoli, you have been found guilty and convicted on a charge of assault causing actual bodily harm.

There are a number of significant factors that must be taken into account in considering sentence.

You must be sentenced on the basis of the offence for which you were charged and found guilty. The facts are that after a drinking party at which the victim had shown some aggression towards you, you struck him on the face with a stick causing a cut and bruised lip. There is no evidence that your act caused any other consequences. There is only evidence of a very moderate injury. The dire consequences alleged in the original charges laid against you have not been proved and are not relevant. On the proved facts this is not a serious case of assault causing actual bodily harm.

Through no fault of yours, 4 years 4 months has now passed since the time you were first charged until now. That delay is unconscionable. The effect of having murder and manslaughter charges hanging over your head for such a long period must have caused considerable anxiety and stress.

You are a first offender and, but for this incident, you have been of excellent character. You have had a successful army career and served 3 terms overseas and been awarded medals. You now have a wife and young child to support. I accept that you are repentant and remorseful for what occurred. I have seen that in my observations of you during the trial. It is to your credit that you have given up drinking since the incident.You have already spent a total of at least 8 months in custody on remand. That must be taken into account. With normal remission it is equivalent to a sentence of 12 months imprisonment. That would be an appreciable sentence for the particular charge on which you have now been convicted.

In short you are a first offender of previous good character who has been convicted of an assault that is not particularly serious. You have already suffered personally and been imprisoned for a substantial period. Those matters make up more than a sufficient penalty for the offence for which you must now be sentenced.

In all the circumstances it is now inexpedient to inflict punishment. The offending should be marked with a conviction but no further penalty is required provided you continue to be of good behaviour.

I accept counsel's submission that a conditional discharge is appropriate.

You have already been convicted. You are now discharged pursuant to Section 44(1) of the Penal Code subject to the condition that you commit no offence during the next 12 months.

Justice D.B. Pain