State v Lal [2013] FJMC 314; Criminal Case 1750.2012 (26 August 2013)

IN THE MAGISTRATES COURT OF FIJI
AT SUVA

Criminal Case No: - 1750/2012

STATE

V

RAKESH LAL

For Prosecution : - Ms. Khan
Accused : - Ms. Preetika

SENTENCE

1. RAKESH LAL, you were charged in this Court for one count of Breach of Bail contrary to section 25(1) (b) of the Bail Act No 26 of 2002 and one count of Breach of Domestic Violence Restraining Order contrary to section 77(1) of the Domestic Violence Decree No 38 of 2009.
   
2. Initially you pleaded not guilty for both counts. Later you changed the mind and pleaded guilty
   
3. According to summary of facts on 24/11/2012 you met the complainant and threatened in her work place thereby committing these two counts.
   
4. I am satisfied with your plea and convict you for both counts.
   

The Law and the Tariff

5. For Breach of Bail the maximum penalty is $2000 fine or 12 months imprisonment or both.
   
6. A fine of $1000 and a 12 months imprisonment is prescribed for the offence of Breach of Domestic Violence Restraining Order.
   

Aggravating factors

7. Aggravating factors are the fear and trauma encountered by the complainant and these were committed in her work place.
   

Mitigating factors

8. Following are considered as mitigating factors in this case.
   
   1. Seeks forgiveness
   2. Saved State resources by pleading guilty .
      
9. For the second count I select 4 months imprisonment and add 04 months for aggravating factor to reach 08 months. Deduct 01 months for mitigating factors to reach 07 months imprisonment.
   
10. The State submitted on 19/08/2013 that you are in custody for nearly 06 months. This will be deducted also to reach 01 month imprisonment for the second count .
    
11. This Court has the power to suspend a sentence which does not exceed a 02 years under section 26(2) (b) of the Sentencing and Penalties Decree.
    
12. Considering your guilty plea as well as the time you were in custody I believe your final sentence need to be suspended. This would allow you to reform.
    
13. Accordingly I sentence you to 01months imprisonment for the offence of Breach of Domestic Violence Restraining Order and that would be suspended for 01 years.
    
14. If you commit any offence punishable by prison sentence during the next 01 year you can be charged under section 28 of the Sentencing and Penalties Decree.
    
15. Also as deterrence for you and other people who would try to breach domestic violence orders I order you to also pay a fine of $100.00. For the offence of Breaching of Bail conditions you have to pay a fine of $100.00.Total fine is $200.00. In default 20 days imprisonment.
    
16. 28 days to appeal

26/08/2013

H. S. P. Somaratne
Resident Magistrate