State v Tikolutu [2013] FJMC 39; Criminal Case 327.2012 (29 January 2013)

IN THE RESIDENT MAGISTRATE'S COURT AT NAVUA

Criminal Case No: - 327/2012

STATE

V

ELIMA TIKOLUTU

For Prosecution : - SC Freddy
Accused : - In person

SENTENCE

1. ELIMA TIKOLUTU, you were charged in this Court for offence of Annoying Person as first count and Criminal Intimidation as second count.
   
2. On the first day you waived right to legal counsel and pleaded guilty only for the Annoying Person. Therefore the disclosures were served and this was fixed for hearing for Criminal intimidation.
   
3. On the day of hearing you changed your mind and pleaded guilty for the second count too saving the Court's time and resources.
   
4. This Court is satisfied about your plea and convicts you for both counts.
   
5. In your mitigation submission you stated that you were 44 years old, married with one child and also had reconciled with the victim. The victim was present and confirms that to the Court. These will be considered as your mitigating factors in this case. .
   
6. The aggravating factor for both offences is the victim was your sister in law thereby making these domestic violence offences.
   
7. For the offence of Annoying Person the maximum penalty is 01 year imprisonment.
   
8. Maximum penalty for the offence of Criminal Intimidation is 05 years imprisonment.
   
9. Considering the facts in this case I take 06 months as starting point for both counts.
   
10. For the aggravating factors I add 03 months for both counts to reach 09 months imprisonment.
    
11. As noted above you have to be given credit for pleading guilty without going for a hearing. For that and other mitigating factors I deduct 05 months from both counts to reach 04 months imprisonment.
    
12. You are a first offender and married with a child. Also you have reconciled with the victim. Therefore this Court believes that you need to be given a chance to reform.
    
13. Therefore I sentence you to 04 months imprisonment for the Offence of Annoying Person and 04 months imprisonment for the offence of Criminal Intimidation and suspend that sentence for 01 year.
    
14. You have to be in good behavior during the next 01 year. If you commit any crime during that period you can be charged under section 28 of the Sentencing and Penalties Decree.
    
15. Also considering the safety and well being of the victim this Court issues a permanent domestic violence restraining order with standard non molestation conditions in favor of her.
    
16. 28 days to appeal
    

29/01/2013

H.S.P.Somaratne
Resident Magistrate, Navua