State v Koroi [2002] FJHC 286; HAC0006J.2001S (21 March 2002)

IN THE HIGH COURT OF FIJI
AT SUVA
CRIMINAL JURISDICTION

CRIMINAL CASE NO: HAC 006 OF 2001S

STATE

V

MACIU KOROI

Counsel: Mr G. Allan and M. Korovou for State
Mr T. Fa for Accused

SENTENCE

Maciu Koroi, you have pleaded guilty to, and have been convicted of an offence of Assault Occasioning Actual Bodily Harm. The charge is that on the 4th day of January 2001 you assaulted Rusiate Kotobalavu at Nasinu, and caused him actual bodily harm.

In the course of that assault, in which other people also allegedly participated, Rusiate Kotobalavu received a number of injuries which were detailed in the facts outlined by the prosecutor. It appears that the incident arose from an earlier incident between the accused and Rusiate’s brother, as a result of which you were sentenced to 6 months imprisonment.

The maximum sentence for this offence is 5 years imprisonment. I have taken into account all that has been said on your behalf, that it was Rusiate who approached your group first, that you are still young and that you have already spent 10 months in custody pending trial.

Further, I note that sentences for similar offences in the past (Sitiveni Turaganivalu -v- The State Crim. App. 0041/98, Asaeli Takala -v- State Crim. App. 72/98, Eferemo Salauca -v- State Crim. App. No. HAA 31/97, Aisake Leiloma -v- State Crim. App. HAA 21/98, range from 3 years imprisonment to suspended sentences. The longer terms appear to be more appropriate for cases where the violence was grave, and the victim vulnerable or rendered vulnerable by assault or other causes.

In this case I would be failing in my duty if I did not pass a sentence on you which reflected the seriousness of the assault on Rusiate Kotobalavu. In particular, you assaulted him not only in the course of a fist fight between your group and Rusiate’s, but you continued the assault even after Rusiate was rendered semi-conscious and efforts were being made to revive him. Such an assault was cowardly and brutal.

Because of the seriousness of the attack on Rusiate, I have used a term of 4 years imprisonment as a starting point. I give you credit for your guilty plea, your previous good character prior to the assault on Rusiate’s brother, and the period you have already spent in custody.

I sentence you after considering all these matters to 2 years imprisonment.

Nazhat Shameem
JUDGE

At Suva
21st March 2002