State v Ketewai [2009] FJMC 26; Criminal Case 150.2009 (9 December 2009)

IN THE FIRST CLASS MAGISTRATE’S COURT
AT TAILEVU
FIJI ISLANDS

Criminal Case No: 150 of 2009

STATE

V

MATAIASI KETEWAI

Before: Chaitanya Lakshman
Resident Magistrate

For Prosecution: Inspector Ali
Accused: Present

SENTENCE

Introduction

You are charged with Indecently Annoying Female, Contrary to Section 154 (4) of the Penal Code (Cap 17). The charge is that, you, Mataiasi Ketewai on the 9th day of July 2009 at Veilolo Settlement, Tailevu, in the Central Division, with intent to annoy [K] did an act of nature namely fondle your penis through the open zip of your trousers, which offended the modesty of the said [K].

On 9th July 2009 the complainant and other girls were returning home after school. You come up to them and showed your penis to the girls and you also told them that you can teach them how to have sexual intercourse. The girls ran away from you.

You on your own free will pleaded guilty to the offence that you are charged with.

Your mitigation is as follows following:

- "69 years old.

- Widower.

- 5 children.

- Farmer.

- Earn $20/week.

- Approached family of victims and sought forgiveness in traditional manner.

- have been counseled."

The maximum penalty for indecent exposure is One (1) year imprisonment.

The tariff for indecent exposure is between 9 months to 4 months.

The court starts with a sentence of 7 months for the offence.

For the aggravating factors which include; your wanton disregard of our young girls, your boldness in exposing in a public place, uttering words to the effect that you want to teach the young girls how to have sex and the fear you created in the young girls the Court increases the sentence by 2 months.

The Court cannot allow you any discount for your character as you have 1 previous conviction. You have one previous conviction of indecent assault for which you were sentenced to 2 year imprisonment in 2004. You do not seem to learn and change your ways. The Courts need to protect the young girls and women from people like you. You are a disgrace. A person of your age needs to be exemplary and lead a respectful life, but you choose to be otherwise.

The court notes your mitigation and the early guilty plea and the time you have spent in remand before sentencing and for this the court allows 1 month discount. The Court is ending on the higher scale of the scale to reflect the need for you to change your behavior and be counseled to respect young girls and women.

You are sentenced to 8 months imprisonment. 28 days to appeal.

Chaitanya Lakshman
RESIDENT MAGISTRATE
Nausori

9/12/09