State v Ana [2012] FJMC 220; Criminal Case 263.2012 (17 September 2012)

IN THE RESIDENT MAGISTRATE'S COURT OF NAVUA

Criminal Case No: - 263/2012

STATE

V

REAPI ANA

For Prosecution : - Sgt .Lenaitasi
Accused : - In person

SENTENCE

1. REAPI ANA, you were charged in this court for Assault Occasioning Actual Bodily Harm contrary s. 275 of the Crime Decree No 44 of 2009 on 17/09/2012.
   
2. When the charge was read to you, you informed that you wanted to defend by yourself and pleaded guilty for the charge.
   
3. Summary of facts were read to you. It showed that 09/08/2012 at Namaqumaqua village, Serua, Navua you assaulted your cousin inflicting injuries to her. You admitted the facts also.
   
4. From the medical report the court noted that the victim suffered injuries to her hand.
   
5. Being satisfied that you fully understand the legal effects of your plea and your plea was made voluntarily I convict you for the above offence.
   
6. The maximum penalty for this is 05 years imprisonment.
   
7. In State v Tugalala [2008] FJHC 788 it was held that tariff for this kind of offence to be from absolute discharge to 12 months imprisonment.
   
8. In "State vs Anjula Devi" Criminal Case No. 4 of 1998, it was held that the tariff for "Assault Occasioning Actual Bodily 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.
   
9. Considering the summary of facts I take 06 months imprisonment as the starting point.
   

Aggravating factors

10. At the time of incident the victim was 14 years old. She was under your care. By assaulting her you breached the trust placed on you by her parents. This also a domestic violence. These will be considered as aggravating factors in this case and I increase your sentence by 06 months to reach 12 months imprisonment.
    

Mitigating Factors

11. Mitigating factors in this case are as follows.
    
    1. 31 years old
    2. Single mother
    3. Reconciled
    4. Seeks forgiveness
    5. First offender
       
12. Since you pleaded guilty at the first available opportunity your sentence would be reduced by 1/3 and for other mitigating factors I reduce another 02 months. Now your final sentence would be 06 months imprisonment.
    
13. You are a young first offender. You are a single mother. Considering the nature of the offence and mitigating factors I believe that you need to be given a chance to reform.
    
14. Accordingly I sentence you to 06 months imprisonment and suspend that sentence for 01 year.
    
15. If you commit any crime during the next 01 year and found guilty by the court you can be prosecuted for an offence in pursuant of section 28 of the Sentencing and Penalties Decree.
    
16. Also I grant a permanent domestic violence restraining order with standard non molestation condition in favor of the victim.
    
17. 28 days to appeal
    

17/09/2012

H.S.P.Somaratne
Resident Magistrate, Navua