State v Karalala [2012] FJMC 232; Criminal Case 272.2012 (1 October 2012)

IN THE RESIDENT MAGISTRATE'S COURT OF NAVUA

Criminal Case No: - 272/2012

STATE

V
SERENIA KARALALA

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

SENTENCE

1. SERENIA KARALALA, you waived right to counsel and pleaded guilty to the offence of Unlawful Wounding contrary to s. 261 of the Crime Decree No 44 of 2009 on 01/10/2012.
   
2. According to the summary of facts which you admitted, on 30/06/2012 you stabbed the complainant with a kitchen knife causing injuries.
   
3. I am satisfied that you fully understand the legal effects of your plea and your plea was made voluntarily. Accordingly I convict you for the offence of Unlawful wounding.
   
4. The maximum penalty this offence is 05 years imprisonment.
   
5. Considering the facts in this case I take 09 months imprisonment as the starting point for your sentence.
   
6. There are no aggravating factors in this case. Therefore your sentence wound stands at 09 months.
   
7. You pleaded guilty at the first available opportunity. Therefore you are entitled to a reduction of your sentence by 1/3 as per Akili Vilimone v State. Now your sentence would be 06 months imprisonment.
   
8. I will consider following as mitigating factors in this case.
   
   1. 50 years old
   2. Married with children
   3. Seeks forgiveness
   4. First offender.
      
9. For the above factors I will reduce a further 02 months to reach 04 months imprisonment.
   
10. I am mindful of the fact that under s. 26(2) (b) of the Sentencing and Penalties Decree I can suspend a sentence which is below 02 years.
    
11. You are a first offender. Married with children. You pleaded guilty at the first chance you got.
    
12. Considering the above factors I believe you deserve a second chance. Therefore I suspend your 04 months imprisonment for 01 year.
    
13. If you commit any crime during the period of next 01 year and found guilty by the court you can be prosecuted under s. 28 of the Sentencing and Penalties Decree.
    
14. 28 days to appeal
    

01/10/2012

H.S.P.Somaratne
Resident Magistrate, Navua