State v Chand [2014] FJHC 901; HAC043.2013LAB (10 December 2014)

IN THE HIGH COURT OF FIJI
AT LABASA
CRIMINAL JURISDICTION
CRIMINAL CASE NO. HAC 043 OF 2013LAB

STATE

vs

RAHUL RITESH CHAND

Counsels : Mr. S. VodokisolomoneforState
Mr. A. Sen for Accused

Hearings : 2 and 3 December, 2014
Summing Up : 4 December, 2014
Judgment : 4 December, 2014
Sentence : 10 December, 2014

SENTENCE

1. In a judgment delivered on 4 December 2014, the court found you guilty and convicted you on the following information:
   

Statement of Offence

RAPE: Contrary to section 207 (1), (2) (a) of the Crimes Decree 44 of 2009.

Particular of Offence

RAHUL RITESH CHAND on the 17th day of June 2013 at Vuniuto, Nasarawaqa, Buain the Northern Division, had sexual intercourse with A. R. R without her consent.

2. The brief facts were as follows. The complainant was 23 years, with two young children. On 16 June 2013, she went to stay with her in-laws. The in-law's house was not far from their house. The accused aged 22 years old, and single also lived in the neighbourhood. Early in the morning of 17 June 2013, you sneaked into the complainant's bedroom, forced yourself on her, and unlawfully had sexually intercourse with her without her consent. At the time, you forcefully subdued her, closed her mouth with your hand, and you well knew she was not consenting to sex with you, at the material time. The matter was reported to police. You were charged and convicted of raping her.

2. InState v EroniTavatavanawai, Criminal Case HAC 056 of 2013S, I said the following,"..."Rape", as a sexual offence, had always been viewed seriously by society and the law makers of this country. It carried a maximum sentence of life imprisonment. It is a serious invasion of a person's privacy and dignity. The tariff for the rape of an adult is a sentence between 7 to 15 years imprisonment. For the rape of a child, the tariff is between 10 to 15 yearsimprisonment: Mohammed Kasim v&#u>The State<, Criminal Appeal No. 21 of 1993, Viliame Tamani v&#160he State CrimAppemAppeal No. AAU 0025 of 2003, MarkMutch v The State>Abhay Raj v The State, Cr>, Criminaiminal Appeal No. AAU 0038 of 2010 – all Court of Appeal decisionsState& #160;v Savenragakece, Criminal Case No. HAC 252 of 2012S, High Court, Suva. The final sen will depe depend on the aggravating and mitigating factors".
   

4. In this case, the aggravating factors, were asows:

(i) By offending against the young mother, you showed no regard to her rher right to privacy as a human being, and no regard whatsoever for her dignity;

(ii) You offending against her had impacted on her self-confidence, and she now is forced to refrain from socialising with relatives and neighbours;

(iii) Being neighbours, you have ruined the trust she had in you.

5. The mitigating factors are as follows:

(i) At the age of 23 years, this is your first offence;

(ii) You have been remanded in custody for 6 days.

6. I start with a sentence of 7 years imprisonment. For the aggravating factors, I added 3 years, making a total of 10 years imprisonment. For the mitigating factors, I deduct 2 years, leaving a balance of 8 years imprisonment.

7. Rahul Ritesh Chand, for raping the complainant on 17 June 2013, at Nasarawaqa, Bua, I sentence you to 8 years imprisonment, with a non-parole period of 6 years imprisonment, effective forthwith.

8. The name of the complainant is permanently suppressed, to protect her privacy.

SalesiTemo
JUDGE

Solicitor for the State : Office of the Director of Public Prosecution, Labasa.
Solicitor for the Accused : Maqbool& Company, Solicitors, Labasa