State v Singh [2016] FJMC 180; Criminal Case 748.2016 (21 September 2016)

IN THE MAGISTRATES’ COURT OF FIJI
AT SUVA

Criminal Case No: - 748/2016

STATE

V

SHABNEEL SINGH

For the Prosecution: Cpl Shaw

For the accused: Ms. Lata(LAC)

Date of Sentence : 21^st of September 2016

SENTENCE

1. SHABNEEL SINGH, you pleaded guilty this morning to one count of Assault Occasioning Actual Bodily Harm contrary to section 275 of the Crimes Decree.
2. According to admitted summary of facts, after mistaking that the complainant was swearing at you, without any inquires you assaulted her on 09/05/2016. Her injuries are confirmed through the 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 BoHily b> ̶” rangem from a suspended sentence where there is a degree of provocation and no weapon used, to 9 months imprisonment or the sercases> assault .( at>State v e v Anjula Devi Criminal Casl Case No. 4 of 1998 Lab).
6. In Laisiasa Koroivuki v the State [2013] FJCA 15; AAU0018.2010 (5 March 2013) his Lordship Justice Goundar discussed the guiding principles for determining the starting point in sentencing and observed :

"In selecting a starting point, the court must have regard to an objective seriousness of the offence. No reference should be made to the mitigating and aggravating factors at this time. As a matter of good practice, the starting point should be picked from the lower or middle range of the tariff. After adjusting for the mitigating and aggravating factors, the final term should fall within the tariff. If the final term falls either below or higher than the tariff, then the sentencing court should provide reasons why the sentence is outside the range".

7. Considering the gravity of offending and the culpability, I select 06 months as the starting point for this offence.
8. There are no aggravating factors to enhance your sentence.
9. In mitigating the learned legal aid counsel submitted the following:
   1. Young offender(18 years old);
   2. First offender;
   100. Seeking forgiveness;
   4. Remorseful.
10. For these mitigating factors I deduct 02 months to reach 04 months imprisonment.
11. 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.
12. In this case after getting the proper legal advice you pleaded guilty without wasting the time and for that I deduct 02 months to reach 02 months imprisonment.
13. Considering the past good behavior, early guilty and the young age the main purpose of this sentence is allowing the accused chance to rehabilitate.
14. Accordingly I suspend this sentence to 01 year.
15. If you commit any offences during next 01 year you can be charged under section 28 of the Sentencing and Penalties Decree.
16. 28 days to appeal
    

Shageeth Somaratne

Resident Magistrate