State v Ratini - Sentence [2019] FJHC 945; HAC134.2019S (26 September 2019)

IN THE HIGH COURT OF FIJI
AT SUVA
CRIMINAL JURISDICTION
CRIMINAL CASE NO. HAC 134 OF 2019S

STATE
Vs

TIMI RATINI

Counsels : Ms. M. Konrote for State
Ms. S. Hazelman and Ms. L. Filipe for Accused
Hearings : 23 and 24 September, 2019.
Summing Up : 26 September, 2019.
Judgment : 26 September, 2019.
Sentence : 26 September, 2019.

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SENTENCE
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1. The accused had been remanded in custody for approximately 6 months. This appears to be a two-third sentence for a 9 months prison sentence. So, in sense, the accused had already served a sentence of 9 months imprisonment, minus the one-third deduction for good behavior, leaving a balance of approximately 6 months.
   
2. In my view, the accused, while remanded in custody for 5 months 23 days, he had already served his sentence, for count no. 1 (assault).
   
3. I release him forthwith, with a warning not to assault or harass his wife anywhere in Fiji again, if he does, I have the power to recall him for further dealing on this case.
   
4. 28 days to appeal to the Court of Appeal.
   

Salesi Temo

Judge

Solicitor for the State : Office of the Director of Public Prosecution, Suva.
Solicitor for the Accused : Legal Aid Commission, Suva.