State v Kobiti [2010] FJMC 109; Criminal Case 146 of 2010 (6 May 2010)

IN THE MAGISTRATE'S COURT AT LAUTOKA

Criminal Case No 146/10

BETWEEN

THE STATE

AND

ESAVA KOBITI

RELEASE AFTER CONVICTION

1. You, Esava Kobiti are convicted for the offence of Assault causing actual bodily harm contrary to Section 275 of the Crime Decree No 44 of 2009.
   
2. It was revealed that on the 3rd February 2010 at about 9.30 am you have hit the complainant with a stick on her legs. According to the summary of facts you are living in a de facto relationship with the complainant and you have a 5 months old daughter. On the day of the incident the daughter had started crying and you have told the complainant to breast feed her. When she said that she will do that after finishing her work you have assaulted her.
   
3. In mitigation you said that you have reconciled with the complainant and they are living with you again. Further you asked for forgiveness from this court.
   
4. You have 7 previous convictions but they all are more than 9 years ago.
   
5. Having considered the facts of this case and the mitigatory circumstances I decide to act under Section 44 of the Sentencing and penalties decree No 42 0f 2009.
   
6. Accordingly I adjourn the proceedings for three years and release you upon an undertaking given by you to comply with the following conditions.
   
   1. You should appear in court on notice.
      
   2. You should be of good behaviour for three years period.
      
   3. You should not re offend and
      
   4. You should not involve in any of the following domestic violence acts against the complainant;
      
      1. physical injury or threatening physical injury
         
      2. sexual abuse or threatening sexual abuse
         
      100. damaging or threatening to damage property of the complainant
           
      4. threatening, intimidating or harassing
         
      5. persistently behaving in an abusive, cruel, inhuman, degrading, provocative or offensive manner
         
      6. causing or allowing a child to see or hear any of the violence above
         
      7. causing another person to do any of the violence above.
         
7. After the expiration of the three years period if the court is satisfied that you have observed the conditions of the undertaking, you will be discharged without any further proceedings under Section 44(6) of the Sentencing and Penalties Decree.
   

Rangajeeva Wimalasena
Resident Magistrate

Lautoka
06.05.2010