State v Kaloumaira [2013] FJMC 154; Criminal Case 104.2013 (16 April 2013)

IN THE RESIDENT MAGISTRATE'S COURT OF FIJI
AT NAVUA

Criminal Case No: - 104 /2013

STATE

V

ATEEA KALOUMAIRA

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

SENTENCE

1. ATEEA KALOUMAIRA, you were charged in this Court, for the following offence.
   

Statement of Offence [a]

DAMAGING PROPERTY – Contrary to Section 369 of the Crimes Decree No 44 of 2009.

Particulars of Offence [b]

ATECA KALOUMAIRA, on the 20th day of January 2013, at Vesumona Settlement, Navua in the Central Division, willfully and unlawfully damaged, by throwing a stone, the right hand side front trafficator and front bumper of motor vehicle registration number CY 100 valued at $330.00, the property of JOELI LOTAWA.

2. You waived right to counsel and pleaded guilty for the above charge on 15 April 2013. You also admitted the summary of facts.
   
3. According to summary of facts you saw your former husband's vehicle on 20 January 2013 at Vesumona Settlement and threw a stone at it causing damages to the total value of $300.00.
   
4. Maximum sentence for this offence is 02 years imprisonment. There is no set of tariff for the offense of Damaging Property (Gounder J in Tikomainiusiladi v State [2008] FJHC 18; HAA 134.2007 (15 February 2008).
   
5. After considering summary of facts in this case, I select 6 months as the starting point.
   

Aggravating Factor

6. The victim is your former husband making this a domestic violence offence. Also you committed this without any provocation from the other side. For these I add 06 months to reach 12 months imprisonment.
   

Mitigating Factors

7. Since you have pleaded guilty at the first available instance I deduct 1/3 from your sentence to reach 08 months.
   
8. You are 41 years . Married with 5 children and unemployed. You asked forgiveness. You are a first offender. For these I deduct another 04 months to reach 04 months imprisonment.
   
9. This Court can suspend a sentence below 02 years under section 26(2) (b) of the Sentencing and Penalties Decree.
   
10. You are a first offender. You saved Court's resources by pleading guilty early. Therefore you need to be given a chance to reform.
    
11. You are sentenced to 04 month imprisonment for this offence and I suspended that to 01 year.
    
12. If you commit any crime during the next 01 year you can be charged under sec 28 of the Sentencing and Penalties Decree.
    
13. I also grant a permanent domestic violence restraining order with standard non molestation condition in favor of the victim to prevent future incidents like these.
    
14. Considering that you are unemployed this Court won't award any damages. But the complainant can file a civil action to recover damages from the accused.
    
15. 28 days to appeal.
    

15 April 2013

H.S.P.Somaratne
Resident Magistrate, Navua