State v Bakiyasawa [2012] FJMC 319; Criminal Case 324.2012 (27 November 2012)

IN THE RESIDENT MAGISTRATE’S COURT OF NAVUA

Criminal Case No: -324/2012

STATE

V

JOSATEKI BAKIYASAWA

For Prosecution : - WPC Maria
Accused : - In person

SENTENCE

1. JOSATEKI BAKIYASAWA, this is your sentence for the crime you committed on 19/10/2012 against your wife.
   
2. The victim is your wife. On that day you had an argument with her and assaulted her causing injuries. The police arrested you and charged you for the offence of Assault Occasioning Actual Bodily Harm contrary to s. 275 of the Crime Decree No 44 of 2009.
   
3. When this case was taken before me on 26/11/2012 you waived right to counsel and pleaded guilty and also admitted the summary of facts.
   
4. This court is satisfied about your plea and convicts you for the above offence.
   

The Law and the Tariff for Assault Occasioning Actual Bodily Harm

5. The maximum penalty for the offence is 05 years imprisonment.
   
6. In Sereka v State [2008] FJHC 88; HAM 027 it was held that 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.
   
7. After considering the facts in this case I take 08 imprisonment months as your starting point.
   
8. I would consider following as aggravating factors against you.
   
   1. The victim is your wife making this incident a domestic violence.
   2. She was attacked without any provocation.
      
9. Following will be considered as mitigating factors in this case.
   
   1. Married with 03 children.
   2. Seeks forgiveness.
   3. First offender.
      
10. I will add 04 months to your starting point for aggravating factors to reach 12 months. For early guilty plea and other mitigating factors your sentence would be reduced by 06 months. Now your final sentence will be 06 months imprisonment.
    
11. Considering your past good behavior and other mitigating factors this court suspends your 06 months imprisonment to 02 years.
    
12. You have to be in good behavior during the next 02 years. If you commit any crime during that period you can be charged under s.28 of the Sentencing and Penalties Decree.
13. Also the court is concerned about the safety of the victim. There is a possibility of this kind of incidents happening again in the future and believes that there should be some protection in favor of the victim.
14. Therefore I grant a permanent domestic violence restraining order with standard non molestation condition in favor of the victim to ensure her future safety and wellbeing.
    
15. 28 days to appeal
    

26/11/2012

H.S.P.Somaratne
Resident Magistrate, Navua