State v Tikotani [2013] FJMC 305; Criminal Case 1504.2013 (20 August 2013)

IN THE RESIDENT MAGISTRATE'S COURT AT SUVA

Criminal Case No: - 1504/2013

STATE

V

LEDUA TIKOTANI

For Prosecution : - Cpl. Williame
Accused : - In person

SENTENCE

1. LEDUA TIKOTANI, you were charged in this Court for two counts of Sexual Assault contrary to section 210(1) (a) of the Crimes Decree No. 44 of 2009. Since the victims are juveniles I have suppressed the names.
   
2. You elected this Court and pleaded guilty for both counts on 19/08/2013. You also admitted the summary of facts.
   
3. Summary of facts showed that on 16/08/2013 at Viria West, Vatuwaqa you took XY to a toilet and unlawfully and indecently assaulted her by touching her vagina. Then later you got hold of KN and rubbed her vagina.
   
4. I am satisfied with your plea and convict you both counts.
   

The Law and the Tariff for Theft

5. Section 210(1) (a) of the Crimes Decree sets down the maximum penalty for this offence as 10 years imprisonment.
   
6. In State V Joseva Veivali HAC 067 of 2012 His Lordship Justice Nawana held that the tariff for this offence is 1-4 years.
   

Aggravating factors

7. Aggravating factors are age of the victims, you were drunk at that time and you took them while they were playing with other children.
   

Mitigating factors

8. You submitted following as mitigating factors.
   
   1. 23 years old
   2. Single
   3. Seek forgiveness.
      
9. I select 2 years as my starting point for both counts and add 03 years for aggravating factors to reach 05 years. Deduct 12 months for mitigating factors.
   
10. For your early guilty plea deduct 1/3 to reach 32 months imprisonment. Since you are not a first offender no discount is given for your past behavior.
    
11. Your final sentence is 32 months imprisonment and this Court can't suspend that sentence.
    
12. Accordingly I sentence you to 32 months imprisonment for two counts of Sexual Assault to be served concurrently. I also impose a non parole period of 2 years.
    
13. 28 days to appeal
    

20/08/2013

H. S. P. Somaratne
Resident Magistrate