State v Cavukai [2010] FJHC 249; HAC069.2010 (15 July 2010)

IN THE HIGH COURT OF FIJI
AT SUVA

CRIMINAL JURISDICTION

CRIMINAL CASE NO.: HAC 069 OF 2010

BETWEEN:

THE STATE

AND:

JOPE CAVUKAI

Counsel: Ms. L Koto for the State
Accused in Person

Date of Hearing: 13th July 2010
Date of Sentencing: 15th July 2010

SENTENCE

[1] Jope Cavukai, you have been charged for Assault Occasioning Actual Bodily Harm: Contrary to Section 275 of the Crime Decree No. 44 of 2009.

[2] As per the Summary of Facts:

"On the 28th day of February 2010 at 8.30am in the morning, Shavneel Singh [Complainant] of Wailea settlement in Vatuwaqa was cutting jackfruit leaves when he accidentally broke a branch of a jackfruit tree which damaged the leaves of his cassava plantation of the defendant [Jope Cavukai] which damaged the leaves of his cassava plants. The defendant got angry with the complainant picked up a hose pipe which was lying close by and hit the complainant with it causing bruises and swollen marks on his left forearm and back. (See attached Medical Report).

The matter was reported to Police and an investigation was conducted. The defendant was arrested and caution interviewed where he had admitted to the offence. The defendant was than formally charged with Assault Occasioning Actual Bodily Harm pursuant to section 275 of the Crimes Decree of 2009 and was bailed to appear in Court".

[3] When the case was taken up on the 9th July 2010 you have pleaded guilty to the charge. When the matter was taken up on the 12th instant when the charge was formally read out and you pleaded guilty on accepting your voluntary plea, I am convicting you as in the information.

[4] The tariff for this offence appears to range from an absolute or Conditional discharge to 12 months imprisonment. The High Court said in Elizabeth Joseph vs The State (2004) HAA 073/04 which were followed by Justice Shameem in State vs Salote Tugalala, HAC 025 of 2008.

[5] Considering the nature of the offence I start at 6 months imprisonment.

[6] The aggravating factors in this case are the victim has received 5 injuries and all were caused by you.

[7] You are a matured man and losing your temper for a minor thing like this and assaulting a young person is an aggravating factor.

[8] Considering above factors I impose another 3 months imprisonment now your sentence is 9 months.

[9] Now I consider the mitigating factors. You pleaded guilty at the very first instance.

[10] You are the sole breadwinner to your family.

[11] You are sincerely regretting and tendered an apology to the victim and to the Court.

[12] Considering all mitigating factors I reduce 3 months now your sentence is 6 months imprisonment.

[13] But considering your antecedent report, you have started working in a place as a taxi driver and you are remorse to the incident, hence I suspend the sentence for two years. Anyhow I have to consider the victim and the society also therefore in addition to the above punishment I impose $150.00 as fine in default of payment of fine you serve 2 months imprisonment. Another $100 to be paid to the victim Shavneel Singh as compensation in default of the payment you will be serving another 1 month imprisonment.

[14] You are hereby explained of the suspended sentence. If you commit any offence within the operational period and if you are convicted for that offence, you will be serving the 6 months in addition to the punishment that you are imposed in that case.

S Thurairaja
JUDGE

At Suva
Thursday 15th July 2010

Solicitors
Office of the Director of Public Prosecution for State
Accused in Person