State v Nacagibalavu [2013] FJMC 297; Criminal Case 316.2012 (8 August 2013)

IN THE MAGISTRATE COURT OF FIJI
AT RAKIRAKI

CRIMINAL JURISDICTION
CRIMINAL CASE NO. 316/12

BETWEEN:

THE STATE

AND:

JOPE NACAGIBALAVU

Prosecution: Cpl Chin Samy
Accused: Mr Titoko

SENTENCE

1. Jope Nacagibalavu you have been found guilty and convicted after hearing for the offence of Criminal Intimidation contrary to section 375 (1)(a)(iv) of the Crimes Decree no. 44 of 2009.
   
2. On 15th June 2011 at Nakorovou Nalawa Ra, you came to check your cattle and noticed that someone had untied the rope restraining it and took the rope. It was a rainy day and you saw footprints which you suspected to be the footprints of the person that stole the rope. You followed the footprints and came to Ilisoni and Elenoa's house. You struck the cane knife on the side of a house and swearing. Elenoa and Valeria heard and looked out of the house. You than swore at Elenoa whilst holding a cane knife and moving closer to them. They got frightened and ran from the house.
   
3. You said you were sorry and remorseful.
   
4. There was no provocation from the complainant including Ilisoni and Valeria.
   
5. For Criminal Intimidation the maximum sentence is 5 years and although there is no fixed tariff, I would take 1 month to 2 years as being the appropriate tariff depending on the circumstances of the offending.
   
6. In considering the circumstances of offending in this case, I take a starting point of 12 months.
   
7. For the aggravating features I increase your sentence by 2 months. Your sentence is now 14 months imprisonment.
   
8. I don't see any mitigating factor in your favor. You through your counsel promised not to re-offend and have learnt your lesson. The court has reservations in accepting what you say as your previous background highly suggests that you've not learnt anything from the past. Your final sentence is therefore 14 months imprisonment.
   
9. However taking into account your time in custody of 8 months, your sentence will be reduced thus your effective imprisonment term will be 6 months.
   
10. Your sentence will not be suspended as you've not a first offender and you've not entitled to any leniency of the court.
    
11. You will serve an immediate prison term of 6 months.
    
12. 28 days to appeal.
    

Samuela Qica
Resident Magistrate

8th August 2013