State v Saukuru [2013] FJMC 105; Criminal Case 101.2013 (8 March 2013)

IN THE RESIDENT MAGISTRATE'S COURT AT NAVUA

Criminal Case No: - 101/2013

STATE

V

SERU SAUKURU

For Prosecution : - Cpl. Freddy

Accused : - In person

SENTENCE

1. SERU SAUKURU, you were charged for the offence of Indecent Assault contrary to section 212(1) of the Crime Decree No 44 of 2009. Since the victim is a Juvenile the Court has suppressed his name.
   
2. You waived right to counsel and pleaded guilty to the above offence on 07 March 2013. You also admitted the summary of facts tendered to the Court.
   
3. According to the summary of facts between 01-02-2013 to 28-02-2013 the victim was playing rugby at Batinikia when you approached him and removed his trousers. Then you started sucking his penis.
   
4. I am satisfied you fully understand the legal effects of your plea. You informed to this Court that there was no inducement, promise or threat for pleading guilty. I am satisfied also it was made voluntarily. Therefore I convict you for Indecent Assault.
   

LAW AND TARIFF

5. Maximum penalty for this offence is 05 years imprisonment. In RT Penioni Rokota v State HAA 68/02S Shameem J held that "Sentence for indecent assault range from 12 months imprisonments to 4 years. The gravity of the offence would determine the starting point for the sentence. A non custodial sentence will only be appropriate in cases where the ages of victim and the accused are similar and assault of a non penetrative and fleeting type"
   
6. Upon considering the summary of facts in this case I select 20 months imprisonment as the starting point for your sentence.
   

Aggravating factors

7. The victim was 13 years old at that time of the offence. He was vulnerable. For these I increase your sentence by 10 months. Now your sentence would be 30 months imprisonment.
   

Mitigating factors

8. I consider following mitigating factors which were brought before me in your mitigation submission.
   
   1. 20 years old
   2. Single
   3. Seeking forgiveness from court
   4. First offender
      
9. Since you have pleaded guilty in the first available instance you are entitled for a reduction of 1/3 of the total period of imprisonment. (Akili Vilimone v State). There by your sentence stands for 20 months.
   
10. I deduct further 06 months for other mitigating factors to reach the period of 14 months.
    
11. I am mindful that under s. 26 (2) (b) of the Sentencing and Penalties Decree I can suspend a sentence which is below two years.
    
12. Even though you are a first young offender considering the nature of the crime I do not want to suspend your sentence. There is increase of sexual violence against women and children in this country and the Court should give sentences to deter people from doing these offences. Your sentence will be a message to future offenders too that they can't expect mercy for these kinds of offences.
    
13. Accordingly, I sentence you to 14 months imprisonment period for the offence of Indecent Assault contrary to section 291 of the Crime Decree No 44 of 2009 to be served concurrently with C.F. 100/2013.
    

28 days to appeal.

08/03/2013

H.S.P.Somaratne
Resident Magistrate, Navua