State v Matanawa [2012] FJMC 197; Criminal Case 1785.2010 (17 August 2012)

IN THE RESIDENT MAGISTRATE'S COURT OF FIJI ISLANDS
AT SUVA

Criminal Case No. 1785/2010

STATE

v

IOSEFO MATANAWA

Prosecution: Cpl Reddy, Police Prosecutor.
Accused: Ms Rigsby T. (Qoro Legal).

Dates of Hearing: 29th and 31st May 2012.

Judgement: 12th July 2012.
Mitigation submission: 30th July 2012.

SENTENCE

1. Iosefo Matanawa, the Accused of this case was charged for a count 'Unlawful Wounding' contrary to Section 261 of the Crimes Decree No 44 of 2009. This Court convicted you for the offence on 12th July 2012.
   
2. Your counsel made submissions for mitigate the sentence on 30th July 2012.
   
3. Facts revealed that this incident occurred on 16.09.2010 at the Suva bus depot. You being a booking officer of the Suva City Council wounded the victim of this case by throwing a bundle of hard cover tickets at victim's left eye. Victim was a bus driver. You stated that he did not adhere to your instructions.
   
4. The offence of unlawful wounding attracts a maximum sentence of 5 years. There are no guideline judgements to this offence. However Hon. Justice Gounder in Maharaj v State [2010] FJHC 467; HAA048.2010 (25 October 2010) upheld a sentence of 18 months which was imposed by the magistrate's court. But the facts of that case are somewhat different to this case. The victim was assaulted on head with an iron rod leaving injuries which ended up with sutures.
   
5. In this case the victim suffered with haemorrhage and some scratch marks on his left eye.
   
6. I take 6 months as the starting point for your sentence.
   
7. It is apparent that your act was not premeditated. But you assaulted victim's eye which is a very sensitive organ of the human body. This aggravates your offence. And also you assaulted a person who is subjected to your supervision. This too aggravates the circumstances. I will increase your sentence by another 6 months to reflect aggravating futures.
   
8. Now the sentence is at 12 months.
   
9. Your counsel addressed the Court at length on mitigation. You are a 46 year old married man with two children who attend to studies. You are looking after your elderly mother. And she further noted that you are a first offender.
   
10. A deduction of 3 months is given for your above personal circumstances. Therefore your final sentence is 9 months imprisonment.
    
11. This Court has power to suspend a sentence which is below 24 months.
    
12. I have noted that this was the first offence you committed during past 46 years. Hence this Court does not hesitate to extend another opportunity for you to reform.
    
13. Iosefo Matanawa today you are sentenced to 9 months. The imprisonment period is suspended for 2 years.
    
14. This means if you commit any offence and if found guilty within the period of suspension, you are liable for a fresh charge under the Sentencing and Penalties Decree 2009.
    
15. Twenty eight (28) days to appeal.
    

Pronounced in open Court,

Yohan Liyanage
Resident Magistrate

17th August 2012