State v Soro [2016] FJMC 161; Criminal Case 366.2016 (23 June 2016)

IN THE MAGISTRATE'S COURT
AT NAUSORI

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

State

.V.

Apenisa Soro

Prosecution : PC Abinash

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)

Apenisa Soro between the 1^st day of September 2014 and 31^st day of October, 2014, at Waikete Village, Nausori in the Central Division, unlawfully and indecently assaulted M A S.

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 was 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 71 years old, not employed, married with 5 children. Is a first offender and pleaded guilty on first available opportunity. He sought forgiveness and said will not re-offend.

The Sentence

Having noted the age of the victim, which is 5 years and the nature of offending this Court will take a starting point of 30 months. For the guilty plea on first call, previous good character and mitigation this Court will give a discount of 9 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 Court has considered suspended sentence and due to the nature of offending and to see that people get the message that such behaviour will lead to custodial sentence will not suspend the sentence.

The accused is sentenced to 20 months imprisonment. Any party aggrieved with this sentence has 30 days (from date of sentence) to appeal this sentence.

Chaitanya Lakshman
Resident Magistrate
23^rd June 2016