State v Tanuku [2016] FJMC 113; Criminal Case 1311.2016 (10 August 2016)

IN THE MAGISTRATES’ COURT OF FIJI
AT SUVA

Criminal Case No: - 1311/2016

STATE

V

JONE TANUKU

For the Prosecution: WPC Fisher

The Accused: In person

Date of Sentence : 10^th of August 2016

SENTENCE

1. JONE TANUKU, you pleaded guilty yesterday to one count of Assault Occasioning Actual Bodily Harm contrary to section 275 of the Crimes Decree.
2. According to admitted summary of facts, on 03/08/2016 after an argument with your work mate you punched his face several times causing injuries as per medical report.
3. I am satisfied that your plea was voluntarily and unequivocal and convict you for this offence.
4. The maximum penalty for Assault Occasioning Actual Bodily Harm is 05 years imprisonment.
5. The tariff for “Assault Occasioning Actual Bodily Haru> ̶” ranges from a suspended sentence where there is a degree of provocation and no weapon used, tonths isonment or the more serious cases of assault .( State vate v e v Anjula Devi Criminal Case No. 4 of 1998 Lab)
6. Considering the gravity oendin your culpabilityility, I s, I select 05 months as the starting point for this offence.
7. There are no aggravating factors and in your mitigation you submitted that you are 33 years old, married with 5 children and remorseful of your behavior. You have tried to reconcile but failed so far. The prosecution confirmed that you have no adverse record.
8. For these mitigating factors I deduct 02 months to reach 03 months imprisonment.
9. In UK Guilty Plea guidelines of 2007, it has been held that when an accused pleaded guilty at the first available opportunity the reduction is 1/3 and after a trial date is set 1/4 recommended. But when an accused pleaded guilty at the door of the court or after the trial has started he maybe entitle for only 1/10 discount.
10. In this case giving full credit for early guilty plea I deduct 1/3 to reach 02 months imprisonment.
11. Considering your past good behavior, early guilty plea and other personal mitigating factors I suspend your 02 months imprisonment to 01 year allowing you the chance to rehabilitate .
12. If you commit any offences during next 01 year you can be charged under section 28 of the Sentencing and Penalties Decree.
13. 28 days to appeal
    

Shageeth Somaratne

Resident Magistrate