State v Wise [2013] FJMC 155; Criminal Case 54.2013 (16 April 2013)

IN THE RESIDENT MAGISTRATE'S COURT OF FIJI
AT NAVUA

Criminal Case No: - 54 /2013

STATE

V

HERBERT WISE

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

SENTENCE

1. HERBERT WISE, you were charged in this Court for the following offences
   
   1. Common Assault contrary to section 274 of the Crimes Decree
   2. Annoying Person contrary to section 213(1) (a) of the Crimes Decree.
      
2. You waived right to counsel and pleaded guilty for both counts on 19 March 2013. You also admitted the summary of facts.
   
3. According to summary of facts you had an argument with your de- facto partner and assaulted her. You also swore at her committing the second offence.
   
4. This Court is satisfied about your plea and convicts you for both counts.
   
5. Maximum sentences for both counts are 01 year imprisonments.
   
6. After considering summary of facts in this case, I select 03 months as the starting point for both counts. .
   

Aggravating Factor

7. The victim is your de- facto partner thus making this a domestic violence offence. For this I add 03 months to reach 06 months imprisonment for both counts.
   

Mitigating Factors

8. Since you have pleaded guilty at the first available instance following the decision of Vilimone v State [2008] FJHC 12; HAA I deduct 1/3 from your sentence to reach 04 months.
   
9. You are not a first offender and not entitled for any discounts for your past behavior.
   
10. You filed mitigation submission in this Court on 16 April 2013. But I find it relates to some other case and therefore would not consider it in this case.
    
11. This Court can suspend a sentence below 02 years under section 26(2) (b) of the Sentencing and Penalties Decree.
    
12. You are not a first offender. But you saved Court's resources by pleading guilty early. Therefore you will be given a chance to reform.
    
13. You are sentenced to 04 months imprisonment for both counts and that will be suspended for 01 year.
    
14. If you commit any crime during the next 01 year you can be charged under sec 28 of the Sentencing and Penalties Decree.
    
15. Since I have already granted permanent DVRO in 99/2013 in favor of the victim I will not issue any order in this case.
    
16. 28 days to appeal.
    

18 April 2013

H.S.P.Somaratne
Resident Magistrate, Navua