State v Vocea [2013] FJMC 184; Criminal Case 783.2008 (2 May 2013)

IN THE MAGISTRATE'S COURT OF FIJI
WESTERN DIVISION AT NADI
CRIMINAL JURISDICTION

CRIMINAL CASE NO: 783/2008

STATE

V

ULAIASI VOCEA

Cpl Chand for prosecution

Accused in person

Date of Sentence: 02.05.2013.

SENTENCE

1. You, ULAIASI VOCEA, have been convicted after trial of one count of AOABH contrary to section 245 of the Penal Code. The offence carries a maximum penalty of 5 years imprisonment.
   
2. On 11 January 2008 you assaulted one Asraaz Azim Shah causing superficial cut inner lip and pain on the right side of the chest.
   
3. On that day you went to his Yard asked the key of the van. The complainant refused to give the key. You then punched on the neck and after being assaulted he fell and sustained injury. Afterwards you drive off the vehicle.
   
4. Pain and mental trauma you caused to the complainant aggravated the offending.
   
5. Your mitigations were that: your personal circumstances, previous good character and remorse. You are 51 years old and married with 4 children and a driver by profession.
6. The tariff for assault occasioning actual bodily harm ranges from a suspended sentence where there is a degree of provocation and no weapon used, to 9 months imprisonment for the more serious cases of assault (State v Anjula Devi, Criminal Case No. 04 of 1998 Lab.). See also Sereka v State [2008] HAA 27/08S 25 April 2008: per Justice Goundar
   
7. You admitted 21 prior convictions from 1980 till 2007. Nonetheless, I disregard the convictions that are 10 years old as spent. Still you have 4 live convictions. Two of them are for similar offences.
   
8. Given the above, I think it would be appropriate to fix a sharp sentence and accordingly I fix 07 months imprisonment in your case.
   
9. You had used violence against the complainant at his workplace. The sentence must operate as effective deterrent. I therefore decline to suspend the sentence although you are a first time offender
   
10. Twenty eight (28) days to appeal.
    

ORDER

11. I make the following order:
    

(a) You are hereby sentenced to 07 months' imprisonment.

M H Mohamed Ajmeer
Resident Magistrate

Dated at Nadi this 02nd day of May 2013.