State v Bibi [2016] FJMC 65; Criminal Case 290.2016 (9 June 2016)

IN THE MAGISTRATES’ COURT OF FIJI
AT SUVA

Criminal Case No: - 290/2016

STATE

V

SAIRA BIBI

For the Prosecution: Cpl Shaw
For the Accused: Mr.Yunus (LAC)
Date of Sentence : 09^th of June 2016

SENTENCE

1. SAIRA BIBI, you were charged with one count of Assault Occasioning Actual Bodily Harm contrary to section 275 of the Crimes Decree.
2. You pleaded guilty this morning and also admitted that on 11/01/2016 at around 1530 hrs inside Boulevard Building you grabbed the complainant’s left arm causing injuries.
3. I am satisfied that your plea was unequivocal and convict you for this offence.
4. The maximum penalty for Assault Occasioning Actual Bodily Harm is 05 years imprisonment.
5. The learned counsel for the accused is asking for a bound over in this case.
6. In State vs Anjula Devi Criminal Case No. 4 of 1998 Lab, it was held that the tariff for “Assault Occasg Actual Bodily Hily Harm&R” ranges from a suspended sentence where there is a degree of provocation and no weapon used, to 9 months imprisonment or the more serioses o#160;assault&#160 .
Therefore bound over is not within the range of sentence for this offence and even if available is not proper when the domestic relationship is involved.
8. Considering the gravity of offending, I select 06 months as the starting point for your sentence.
9. For the domestic relationship I add 03 months to reach 09 months imprisonment.
10. For past good behavior, young age I deduct 02 months and pleading guilty and saving the time of the court further deduct 02 months to reach 05 months imprisonment.
11. Considering the young age and other mitigating factors I suspend your 05 months imprisonment to 01 year.
12. If you commit any offences during next 01 year you can be charged under section 28 of the Sentencing and Penalties Decree.
13. For the safety of the complainant, I also grant a permanent domestic violence restraining order with standard non-molestation conditions.
14. 28 days to appeal
    

Shageeth Somaratne

Resident Magistrate