IN THE MAGISTRATE'S COURT IN SUVA
CRIMINAL DIVISION
Criminal Case No. 373/11

The State

v

Benjamin Padarath

For the State: Cpl Temesi Evo
For the Accused: Mr. Vosarogo

SENTENCE

Benjamin Padarath you have been convicted based on your own sworn evidence of the offence of Using abusive language in a public place contrary to section 7 (2) of the Minor Offences Act.

You had entered a plea of not guilty to the charge, the particulars of which are, that on the 12th of January 2010 – you used abusive language in a public place, namely Victoria Parade. 

At the trial which started on the 19th of August 2013 the State called 3 witnesses – the complainant Doreen Devi and 2 police officers. In your record of interview which was tendered as State evidence – you admitted that on the night in question you had sworn at the complainant but only in retaliation since she had sworn at you first.

Later under cross examination you again admitted that you had in fact sworn at the complainant outside McDonalds Restaurant but only after she had sworn at you first. 

At first you had argued that your action could have been justified since you were reacting to severe provocation on the part of the complainant. Later you conceded that the provisions of section 7 (2) in the Minor Offences Act contain no such defence and you conceded that you had in fact used abusive language in a public place at the time and date set out in the charge.

Benjamin Padarath you are therefore convicted as charged.

You have one recorded conviction and counsel has offered the plea in mitigation.

You are 44 years old, being born on the 7th of February 1970. You are married with 3 children and you reside with your wife and 2 of your children at 42 Vunivalu Rd, Toorak, Suva. You are currently unemployed as you have lost your real estate license. You are the eldest in your family and you have 2 younger siblings. You submit that you are remorseful for your actions and that you are sorry for what you have done. You lost your temper and reacted thus landing you in this position. You are no longer able to earn a living in your chosen profession and you have been given notice to vacate your current premises because of unpaid rent. You submit that the shame of your recent experiences has had a very big effect on you and your family.

You ask the Court to consider the above factors in sentencing you and to consider the following options for sentence: -

(i)	A non custodial sentence – suspended term of imprisonment
(ii)	A conditional discharge 
(iii)	A bond for good behaviour.

The State had sought time to file sentencing submissions but none has been received as of this morning therefore we will proceed to sentence.

The offence of Using abusive language in a public place attracts a maximum fine of $50 and a maximum term of imprisonment for three months under the Minor Offences Act.

You elected to exercise your right to trial and you were convicted after a full trial. You have explained in your evidence the circumstances surrounding the offending.

The Court accepts that you were provoked but that does not absolve you from the consequences of your actions. The Court is of the view that that this offending falls at the lower end of such offences and thus a sentence of imprisonment would not be appropriate.

In the circumstances a bond is appropriate so I order you to enter into a bond for $500 to be bound over to this Court for the period of 12 months to keep the peace and to be of good behaviour.

The bond shall be explained to you as well as the consequences of any further breach of the bond.

28 days to appeal

U. Ratuvili
Chief Magistrate
23rd April 2014