State v Latchman - Sentence [2014] FJHC 917; HAC20.2014 (12 December 2014)

IN THE HIGH COURT OF FIJI
AT LABASA
CRIMINAL JURISDICTION
Criminal Case No: HAC20.2014

BETWEEN:

THE STATE

AND:

LATCHMAN

Counsel: Mr. F. Lacanaivalu for State
Mr. M. Fesaitu for Accused

Date of Sentence: 12 December 2014

SENTENCE

[1] Mr Latchman, you stand convicted of indecent assault and sexual assault after a trial. The maximum penalty for indecent assault is 5 years imprisonment. The maximum penalty for sexual assault is 10 years, but in your case the maximum penalty is 14 years imprisonment (see, section 210 (2) of the Crimes Decree).

[2] The facts are that in January this year, you were invited to Vunivutu village in Macuata Province of Vanua Levu to fix certain electronic appliances. You claimed to be an electrician, but there is no evidence to support your qualification as an electrician.When you arrived in the village, a family invited you to live with them while you fixed the appliances. The evidence shows that while you were in the village, you gained the trusts of the villagers. The parents allowed their children to accompany you to different places in your vehicle. On 15 January 2014, the complainant and her friend accompanied you to Labasa town. On your way to town, you isolated the complainant by asking her friend to get off the vehicle. You took the complainant to a secluded location, made her undress and measured her thigh using a mobile charger. You measured the complainant's thigh in the pretext of buying clothes for her. Later on the same day, the complainant accompanied you to a coastal location known as Nasealevu with some other children from the village. While you were there, you made the complainant undress and licked her genitalia.

[3] At the time of the offending, you were 59 years old while the complainant was 12 years. Even at age of 12, the complainant is of small stature when compared to your built. You took advantage of the complainant's age and vulnerability. You further betrayed the trust of the villagers who welcomed you in their village and trusted you with their children. After committing the sexual assault, you promised to give 'school stationaries' to the complainant to keep her quiet from reporting. I take these as the aggravating factors.

[4] In mitigation, your counsel has told the Court that you are now 60 years old. You are married with six children. You owned an electronic business but that business closed when you were remanded in custody in this case. You have nine previous convictions for dishonesty related offences. This is your first conviction for sexual offence.

[5] The tariff for indecent assault is between 1 and 4 years' imprisonment (Rokota v. State Criminal Appeal No. HAA0068 of 2002).Sexual assault is a new offence under the Crimes Decree and there is no set tariff for this offence.

[6] However, your conduct of licking naked genitalia of a child cannot be viewed as anything but a crime demonstrating the worst of intentions. Sexual assault of a child is abhorrent to our society. The courts must communicate in the clearest terms society's condemnation of those who commit such offences. The message to you and others is that if you will use a vulnerable child for sexual gratification, you will be subject of condign punishment by the courts.

[7] Apart from your personal circumstances, you have no other compelling mitigating factors in your favour. I take into account that you have been in custody on remand for 11 months in this case.

[8] For the offence of indecent assault on count 1, I sentence you to 12 months' imprisonment. For the offence of sexual assault on count 2, I sentence you to 6 years' imprisonment. Both sentences are to be served concurrently. Your total sentence is 6 years' imprisonment. I fix a non-parole period of 4 years.

Daniel Goundar
JUDGE

At Labasa
12 December 2014

Solicitors:
Office of the Director of Public Prosecutions for State
Office of the Director of Legal Aid Commission for Accused