State v Raituraki [2013] FJMC 278; Criminal Case 217.2013 (26 July 2013)

IN THE RESIDENT MAGISTRATE'S COURT OF FIJI
AT NAVUA

Criminal Case No: -217/2013

STATE

V

JUITA RAITURAKI

For Prosecution : - Sgt. Lenaitasi

Accused : - In person

SENTENCE

1. JUITA RAITURAKI, you were found guilty and convicted by this Court after a hearing for one count of Indecent Assault contrary to section 212(1) of the Crime Decree No 44 of 2009.
   
2. In the hearing it was revealed that on 02/05/2013 you unlawfully and indecently assaulted XY (name suppressed) by touching her private parts and back.
   

LAW AND TARIFF

3. 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"
   

Aggravating factors

4. The victim is your relative. You are her uncle. Therefore you have breached the trust. Also she was 10 years old at the time of the incident.
   

Mitigating factors

5. There are very few mitigating factors in your favor and they are as follows.
   
   1. 36 years old
   2. Married
   3. First offender
      
6. I select 16 months imprisonment as starting point and add 10 months for aggravating factors to reach 26 months. Deduct 08 months for personal mitigating factors as well as your past good behavior to reach 18 months imprisonment.
   
7. I am mindful that under section 26 (2) (b) of the Sentencing and Penalties Decree I can suspend a sentence which is below two years.
   
8. You breached the trust placed by victim and her family members. Your sentence should be a message to others also who would commit these kinds of offences against the children.
   
9. Accordingly I sentence you to 18 months imprisonment for the offence of Indecent Assault.
   
10. 28 days to appeal
    

26/07/2013

H.S.P.Somaratne
Resident Magistrate, Navua