State v Batiratu [2013] FJMC 64; Criminal Case 51.2013 (5 February 2013)

IN THE RESIDENT MAGISTRATE'S COURT AT NAVUA

Criminal Case No: - 51/2013

STATE

V

NACANIELI BATIRATU

For Prosecution : - WPC Lata

Accused : - In person

SENTENCE

1. NACANIELI BATIRATU, this is your sentence for the offence of Assault Occasioning Actual Bodily Harm contrary to section 275 of the Crimes Decree.
   
2. You waived right to counsel and pleaded guilty for the above offence on 07/02/2013. You also admitted the summary of facts.
   
3. Summary of facts reveled that on 07/01/2013 you had an argument with your wife and assaulted her causing injuries.
   
4. This Court is satisfied about your plea and convicts you for the offence.
   

The Law and the Tariff

5. The maximum penalty for the offence of Assault Occasioning Actual Bodily Harm offence is 05 years imprisonment.
   
6. In State v Tugalala [2008] FJHC 78; her Ladyship Justice Shameem held that tariff for this offence is from absolute or conditional discharge to 12 months imprisonment.
   
7. Considering the facts in this case I take 06 months as the starting point for your sentence.
   

Aggravating Factors

8. The victim is your wife. Therefore this comes under the definition of domestic violence. For this I add 03 months to reach 09 months.
   

Mitigating Factors

9. You are 35 years old married with 03 children. You asked for forgiveness from this Court. You are the sole bread winner and a first offender. For these mitigating factors I deduct 03 months from your sentence to reach 06 months imprisonment.
   
10. For pleading guilty in the first available opportunity I follow the decision in Vilimone v State [2008] and deduct 1/3 from your sentence to reach 04 months imprisonment.
    
11. This Court is mindful that under section 26 (2) (b) of the Sentencing and Penalties Decree it can suspend a sentence which is below 02 years.
    
12. You are a first offender. You pleaded early saving the Court's time and resources. Therefore I believe you need to be given a chance to reform.
    
13. Accordingly you will be sentenced for 04 months imprisonment and that will be suspended for 03 years.
    
14. You have to be in good behavior during the next 03 years. If you commit any crime during that period you can be charged under section 28 of the Sentencing and Penalties Decree.
    
15. Also for the safety of the victim a permanent domestic violence restraining order with standard non molestation conditions is granted in favor of her.
16. 28 days to appeal
    

05/02/2013

H.S.P.Somaratne
Resident Magistrate, Navua