State v Vueti [2012] FJHC 909; HAC073.2009 (1 March 2012)

IN THE HIGH COURT OF FIJI
AT LAUTOKA
CRIMINAL JURISDICTION

CRIMINAL CASE NO.: HAC 073 OF 2009

BETWEEN:

STATE

AND:

JAMIE VUETI

Ms. L. Vateitei for the State
Mr T. Terere [Legal Aid Commission] for the Accused

Date of Hearing: 23rd February, 2012.
Date of Sentence: 1st March, 2012.

SENTENCE

[1] The Director Public Prosecution had prepared the following charge against the accused abovenamed.

FIRST COUNT
Statement of Offence

ASSAULT OCCASIONING ACTUAL BODILY HARM: Contrary to Section 245 of the Penal Code, Chapter 17.

Particulars of Offence

JAMIE VUETI on the 22nd day of August 2009 at Nadi in the Western Division assaulted Salesi Savou thereby occasioning him actual bodily harm.

2. When the Plea was taken on the 22nd February 2012 the accused had pleaded guilty to the charge against him. Accepting the Plea to be unequivocal this court found him guilty and convicted him under Section 245 of the Penal Code for Assault Occasioning Actual Bodily Harm.

3. State Counsel submitted following summary of facts of which the accused admitted.

On the 21st of August 2009, at about 10.30pm in Narewa Village, Nadi, Jamie Vueti (accused) and some of his friends drank one bottle of Gin. After they had finished drinking at about 11.30pm the accused and his friends went to Steps Night Club in Nadi town and they had some beers. The accused and his friends left Steps night club the next morning of the 22nd of August, 2009. When coming down the steps of the club, the accused was in front with Vilimone and he was followed by Salesi Savou. There was an argument between the accused and Salesi Savou (deceased). The accused punched Salesi Savou (deceased) and he fell on the steps of the night club. The accused then ran away as some police officers were approaching him.

The accused was later arrested and caution interviewed. The accused admitted to the offence of punching Salesi Savou (deceased) in Q & A 54 and 54 of his interview under caution.

4. Section 245 of the Penal Code states as follows:

"Any person who commits an assault occasioning actual bodily harm is guilty of a misdemeanor, and is liable to imprisonment for five years with or without corporal punishment".

5. As per Section 245 the maximum punishment can be imposed up to 5 years imprisonment.

6. Now I consider the tariff to the offence of Assault Occasioning Actual Bodily Harm. 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 v The State (2004 HAA 073/04 which is followed by Madam Shameem J in State v Salote Tugalala HAC 025/2008).

7. Considering the nature of the offence I commence the sentence at 12 months imprisonment.

8. Considering the aggravating factors:

(a) The accused was under the influence of liquor.

(b) He had a continuous and revengeful fight with the victim.

Considering the above aggravating factors sentence is increased by two months. Now the sentence is 14 months.

9. Considering the mitigating circumstances:

(a) the 1st accused is a 1st offender.

(b) 1st accused pleaded guilty before the trial commence.

(c) the accused was 18 years old young person at that time.

(d) He is employed as a Landscaper and earns $80-$100.00 per week.

(e) He co-operated with the Police.

(f) He is remorseful.

Considering all mitigating circumstances the sentence is reduced by 8 months. Now the sentence is 6 months.

10. The Counsel for the 1st accused urges Court that the accused should be given a non-custodial sentence. After carefully considering section 26 of the Sentencing and Penalties Decree 6 months imprisonment is suspended for a period of 2 years.

11. The 1st accused Jamie Vueti is explained the nature and consequences of the suspended sentence. If he commits any offence during the operational period, on conviction he will be going to prison in addition to the punishment that is imposed in the later case.

12. 6 months imprisonment suspended for 2 years.

13. 30 days to appeal.

S. Thurairaja
JUDGE

At Lautoka
1st March, 2012