State v Lalagavesi [2016] FJMC 81; Criminal Case 45.2016 (11 July 2016)

IN THE MAGISTRATES’ COURT OF FIJI
AT TAVEUNI

Criminal Case No: - 45/2016

STATE

V

JOPE LALAGAVESI

For the Prosecution: Sgt.Naidu

The Accused: In person

Date of Sentence : 11^th of July 2016

SENTENCE

1. JOPE LALAGAVESI, 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, on 10/04/2016 without any reason you assaulted the complainant in his stomach and the right side of the face. The medical report confirms about injures.
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 Bodily Harm<̶” ranges from a suspended sentence where there is a degree of provocation and no weapon used, to 9 months imprisonment or the more serious cases of assault .( >State v Anjula jula Deu>Criminal Case No. 4 o. 4 of 1998 Lab)
7. Apart from the facts which constitute the elements of these offence I do not find any aggravating factors and therefore would not enhance your sentence.
8. In your written mitigation you said you remorseful of your behavior on that day and also deeply regret the incident. You are 22 years old and have no adverse record. I consider these grounds as valid mitigating factors and deduct 02 months to reach 03 months imprisonment.
9. 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.
10. In this case even though you pleaded after some time, I consider giving full credit for that and deduct 1/3 to reach 02 months imprisonment.
11. Considering your young age, past good behavior and early guilty plea I am prepared to give you a chance to rehabilitate. Accordingly I sentence you to 02 months imprisonment for the offence of Assault Causing Actual Bodily Harm contrary to section 275 of the Crimes Decree and suspend this for 02 years.
12. If you commit any offences during next 02 years you can be charged under section 28 of the Sentencing and Penalties Decree.
13. 28 days to appeal
    

Shageeth Somaratne

Resident Magistrate