State v Rawata [2016] FJMC 159; Criminal Case 366.2016 (20 June 2016)

IN THE MAGISTRATE'S COURT
AT NAUSORI

IN THE REPUBLIC OF FIJI ISLANDS
Criminal Case No: 366/16

State

.V.

Sikeli Rawata

Prosecution : Sgt Rao

Accused : Present - In Person

Sentence

___________________________________________________

Introduction

The accused is charged for sexual assault as follows:

Sexual Assault, contrary to Section 210 (1) (a) of Crimes Decree Number 44 of 2009.

Particulars of offence (b)

Sikeli Rawata between the 1^st day of April 2016 and 30^th day of April, 2016, at Daku Village, TailevuRewa in the Eastern Division, unlawfully and indecently assaulted Asinate Litiana Tupou Kautanagaunavou by fondling the vagina of the said A L T K.

The accused elected Magistrate’s Court trial. When the charges were read out and explained to the accused, he informed the Court that he understood it and then on his own free he pleaded guilty to the charge laid. The statement of facts were read out and the accused admitted the facts in Court. He was convicted as per the charge by the Court.

The Law

The offence of Sexual Assault is described in section 210 of the Crimes Decree 2009 and it carries a maximum 10 years imprisonment.

"210. — (1) An person commits an indictable offence (which is triable summarily) if he or she—

(a) unlawfully and indecently assaults another person; or

(b) procures another person, without the person’s consent—

(i) to commit an act of gross indecency; or

(ii) to witness an act of gross indecency by the person or any other person.

Penalty — Imprisonment for 10 years.”
The Tariff

In State v Epeli Ratabacacaca, HAC 252 of 2011,Justice Paul Madigan set the tariff for the offence between 2 to 8 years imprisonment.

The Mitigating Factors

The accused is 67 years old, a bachelor. Is a first offender and pleaded guilty on first available opportunity. He is not employed and under social welfare scheme. He stated he is sickly and has high blood pressure and has heart problems.

The Sentence

Having noted the age of the victim, which is 4 years and 10 months and the nature of offending this Court will take a starting point of 30 months. For the guilty plea, previous good character and mitigation this Court will give a discount of 8 months. Further 1 month discount is given for time spent in custody.

The Court has all that was stated by the accused person. This Court is mindful of the need to protect of young children from people like the accused. The accused being a senior citizen should be exemplary. He has failed to do so. Those who prey on young children should be given custodial sentence.

The accused is sentenced to 21 months imprisonment. Any party aggrieved with this sentence has 30 days (from date of sentence) to appeal this sentence.

Chaitanya Lakshman
Resident Magistrate
20^thJune 2016