State v Batiratu [2012] FJMC 365; Criminal Case 82.2012 (18 January 2012)

IN THE MAGISTRATES COURT
AT SUVA

Criminal Case No. 82 of 2012

STATE

v

DAVID BATIRATU

Dated: 18th January 2012 [2.15pm]
Prosecution: PC Pauliasi
Accused : Present

SENTENCE

Having considered the charge, admitted Summary of Facts and the Mitigatory Factors I proceed to sentence you.

You are been charged with Section 277(1)(b) of the Crimes Decree for assaulting a Police Officer in due execution of his duty. PC/2006, Wame Waqaniceva of Samabula Police was the victim. He has sustained soft tissue tenderness and mild swelling, according to the Medical Report. You have punched the victim when he was trying to take you out of the taxi, from which you were taken to the police station by its driver, Feroz Ali, as you had not paid hi taxi fare.

This constitutes two instances of violating the accepted norms of the society. You have not paid the taxi fare and when the taxi driver took you to the police for the matter to be reported, you have assaulted a Police Officer there.

This situation is highly aggravating the offence with which you are been charged with.

On the other hand, I note that this is the 1st time that you have been charged with for your age of 29 years. Thus, you stand as a first offender.

You have already reconciled with the victim police officer as I have witnessed today in open court and you are remorseful for what had happened. Further you promised not to re-offend.

At this juncture, I am compelled to consider the fact you are a semi-professional Rugby Player. When I was making my final minutes after you were remanded in custody, you said that you wish to take part in practices for an upcoming International Tournament as well. Further, the learned Duty Solicitor, submitted today that you are about to sign a contract with a Rugby Club in Australia.

The sentence as depicted in the Crimes Decree for this offence runs to a maximum punishment of 5 years.

The Court had a careful consideration of Section 16(1)(a),(b),(c) of the Sentencing and Penalties Decree, I think this is a fit and proper instance to act in terms of Section 15(1)(i) of the Sentencing and Penalties Decree.

Considering the fact that you might have a lot to deliver to the country as a Rugby Player, I do not wish to label you as a 'convict'.

You are been sentenced to enter into a Bond with this court for a value of $500, to keep peace and good behavior for the next 2 years commencing from today.

A conviction is not entered.

. . . . . . . . . . . . . . . . . .

Mr. Janaka P. Bandara

Resident Magistrate, Suva

18/01/12