State v Turaganikeli - Sentence [2012] FJMC 209; Criminal Case 821.2012 (3 September 2012)

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

Criminal Case No: 821/12

State

V

Keasi Turaganikeli

Prosecution : Mr.R Prakash (DPP’s Office)
Accused : Present – in Person

SENTENCE

Introduction and the Charge

Keasi Turaganikeli you have pleaded guilty to the following Charge:
Statement of offence [a]

ASSUALT CAUSING ACTUAL BODILY HARM: contrary to Section 275 of the Crimes Decree Number 44 of 2009.

Particulars of Offence (b)

Keasi Turaganikeli on the 10th day of May, 2012 at Raiwaqa in the Central Division, assaulted Meresini Daveta thereby occasioning her actual bodily harm.

Statement of Facts and Submissions

You have admitted the statement of facts as read out by the prosecutor and you admitted the same on your own free will. The Court also notes that you committed a Domestic Violence Offence against your wife and as such your are to be dealt with under the relevant provisions of the Domestic Violence Decree.

Maximum Sentences

The maximum sentence for Assault Causing Actual Bodily Harm as prescribed under the Crimes Decree is 5 years imprisonment.

The Tariff

The Tariff for Assault Causing Actual Bodily Harm was considered in Sereka v State [2008] FJHC 88; Justice Goundar, stated at paragraph 09.

"The tariff for assault occasioning actual harm ranges from a suspended sentence where there is a degree of provocation and no weapon used, to 9 months imprisonment for the more serious cases of assault"

This Court takes a starting point of 6 Months, for the guilty plea on the 1st available opportunity the Court gives 2 months discount and further 1 months discount for your mitigation. Your sentence for the charge of Assault Causing Actual Bodily Harm is 3 months imprisonment.
This Court having noted all the circumstances of the case, your expression of remorse and your mitigation. This Court will give you a chance and suspends your sentence. Your total imprisonment term is suspended for 18 months.
This Court further orders that you, Keasi Turaganikeli are restrained from threatening, intimidating or assaulting your spouse in any manner or form. You, Keasi Turaganikeli are further advised that a breach of the restraining order is a criminal offence under the Domestic Violence Decree and for any breacconr contravention of the restraining order you will prosecuted.
Your sentence is summarised as follows:
(a) 3 months imprisonment suspended for 18 months (meaning of suspended sentence ined.
(b) Domestic VioleViolence Restraining Order (with standard non-molestation conditions as set out in Section 27 of the Domestic Violence Decree)
Any person wishing to appeal this sentence has 28 days from the date stated herein.

Chaitanya Lakshman

Resident Magistrate

3rd September 2012