State v Ali [2016] FJMC 181; Criminal Case 1575.2016 (21 September 2016)

IN THE MAGISTRATES’ COURT OF FIJI
AT SUVA

Criminal Case No: - 1575/2016

STATE

V

GULZAR ALI
SHAMAL SANGEAT SHARMA

For the Prosecution: WPC Fisher

Both Accused: In persons.

Date of Sentence : 21^st of September 2016

SENTENCE

1. GULZAR ALI, SHAMAL SHARMA you both pleaded guilty 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 10/09/2016 after a dispute about an extra-marital affair you both assaulted the complainant causing him injuries. It was suspected that the complainant was having an affair with the wife of the 1^st accused which led to this assault.
3. I am satisfied that your pleas were voluntarily and unequivocal and convict you both for this offence.
4. The maximum penalty for Assault Occasioning Actual Bodily Harm is 05 years imprisonment.
5. The tariff for “Assault Occasioning Ac#160;Bodily Hily Harm 1; ranges from a su a suspended sentence where there is a degree of provocation and no n used, to 9 months imprisonment or the more serious cases of #160;.( b>.( St e v Anjula Devi Criminal Case No. 4 of 1998 Lab).
6. Consng thvity of offendingnding and the culpability, I select 06 mon6 months as the starting point for this offence.
7. There are no aggravating factors.
8. In mitigating you both submitted the following grounds:

1^st accused

1. 34 years old;
2. Married with a small daughter;

100. Seeking forgiveness;

4. First offender.

2^nd accused

1. 22 years old;
2. First offender;

100. Seeking forgiveness.

9. For these mitigating factors I deduct 02 months to reach 04 months imprisonment.
10. 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.
11. In this case giving full credit for early guilty plea I deduct 1/3 to reach 02 months imprisonment for both accused.
12. Considering the past good behavior and early guilty pleas of both accused and allowing a chance to rehabilitate I suspend this sentence to 01 year.
13. If you commit any offences during next 01 year you can be charged under section 28 of the Sentencing and Penalties Decree.
14. 28 days to appeal
    

Shageeth Somaratne

Resident Magistrate