State v Waqavanua [2013] FJMC 85; Criminal Case 20.2013 (19 February 2013)

IN THE RESIDENT MAGISTRATE'S COURT AT NAVUA

Criminal Case No: - 20/2013

STATE

V

IOSEFO WAQAVANUA

For Prosecution : - Sgt. Lenaitasi

Accused : - In person

SENTENCE

1. IOSEFO WAQAVANUA, 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 in this Court on 19/02/2013. You also admitted the summary of facts.
   
3. According to the summary of facts on 08/11/2012 at Namuamua village the victim was with his friends when you approached him and punched him several times in his face causing injuries.
4. I am satisfied about your plea and convict you for this 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 08 months as the starting point for your sentence.
   

Aggravating Factors

8. You assaulted him without any provocation from his part. This will be considered as an aggravating factor and I add 04 months to your sentence to reach 12 months.
   

Mitigating Factors

9. You are a 29 years old farmer. You are a first offender. You asked for forgiveness from this Court. Also you informed that you have reconciled with the victim in the traditional manner. I consider these as mitigating factors and deduct 03 months from your sentence to reach 09 months imprisonment.
   
10. In Vilimone v State [2008] it was held that for pleading guilty in the first available opportunity a discount of 1/3 should be given. I follow that decision and deduct 1/3 from the sentence to reach 06 months imprisonment.
    
11. Section 26 (2) (b) of the Sentencing and Penalties Decree has given powers to this Court to suspend a sentence which does not exceed two years.
    
12. You are a first offender and saved this Court's time by pleading guilty. Therefore you will be given a chance to reform.
    
13. Accordingly I sentence you to 06months imprisonment and suspend that for 01 year.
    
14. If you commit any offence punishable by prison sentence during the next 01 year you can be charged under sec 28 of the Sentencing and Penalties Decree.
    
15. 28 days to appeal.
    

19/02/2013

H.S.P.Somaratne
Resident Magistrate, Navua