State v Tauvata [2013] FJMC 142; Criminal Case 84.12 (8 April 2013)

IN THE MAGISTRATE COURT OF FIJI
AT TAVUA
CRIMINAL JURISDICTION

CRIMINAL CASE NO. 84/12

BETWEEN:

THE STATE

AND:

INOKE TAUVATA

Prosecution: Inspector Nadolo
Accused: Ms Nasedra (Legal Aid Office)

SENTENCE

1. Inoke Tauvata you pleaded guilty to the offence of Attempted Rape contrary to section 208 of the Crimes Decree No. 44 of 2009.
   
2. The charge was read and explained and you pleaded guilty and also informed the court that you are pleading guilty on your own free will. The facts were read and tendered by prosecution and you also accepted the same. The Court finds your guilty plea to be unequivocal and you've convicted as charged.
   
3. The facts of the case are on 5th May 2012 at 7.30pm at Nasomo Vatukoula, the complainant (Adivika Bavui, 14yrs student of Nasomo), went to the bus stop about one kilometer away from her house, to wait for cousin. She was accompanied by her younger sister and six other small boys and girls.
   

On the way to the said bus stop complainant heard somebody called her name hence she went to check. There she saw you and one Viliame Taukeiduadua (juvenile). You began talking to the complainant and at that time her companions had left and ran towards the bus stop. Whilst being with the complainant you then got hold of her right hand and pulled her to a nearby cassava plantation. At the cassava plantation you then pushed the complainant to the ground and removed her panty and before you could insert your penis into complainant's vagina her companions returned calling for her. You heard them calling and ran away. Complainant went and relayed the incident to her mother. The matter was then reported to police.

Upon investigations you were arrested, cautioned interviewed and charged for the alleged offence.

4. Ms Nasedra mitigated on your behalf and I take the following in your favor:
   
   • First offender.
   • Guilty plea.
   • Remorseful and sorry for your actions.
   • Promise not to re-offend.
   • Family circumstances.
     
5. I consider the aggravating features in this case as being:
   
   • Complainant being a juvenile.
   • Force used to carry out your intended act.
   • Prevalence of similar offending in community.
     

6. The maximum penalty for attempted rape&#1 10 years imprisonmesonment. In Joji Aunima v State Criminal Appeal No. HAA 033 of 2001; Madam Justice Shameem (as she then was) stated at page 4 paragraph 5 the accepted tariff for attempted rape in Fiji ranges from 12om 12 months imprisonment to 5 years imprisonment. The starting point would depend on the seriousness of the offending.

7. Considering the circumstance of offending, I commence your sentence at 4 years. For the aggravating features I increase your sentences by 3 years. Your sentence is now 6 years.
   
8. For your guilty plea, I reduce your sentence by 2 years. This being your first offence and other mitigating circumstances I further reduce your sentence by 2 years. Your final sentence is now 2 years imprisonment.
   
9. I don't find any compelling or exceptional circumstance to suspend your sentence. Your sentence will not be suspended.
   
10. You will serve an immediate prison term of 2 years. I also order that you serve a non-parole period of 1 year 6 months before eligible for parole.
    
11. 28 days to appeal.
    

_________________________________
Samuela Qica
Resident Magistrate

8th April 2013