State v Serevi [2016] FJMC 90; Criminal Case 404.2015 (20 July 2016)

IN THE MAGISTRATE’S COURT AT SAVUSAVU

CRIMINAL JURISDICTION

Criminal Case No. 404 of 2015

STATE

v

TIMOCI SEREVI

For the Prosecution : Sgt Rinesh

For the Accused : Mr Rakaria. I

Sentence : 20 July 2016

SENTENCE

1. The Accused, Timoci Serevi, you stand before this Court today to be sentenced for one count of Indecent Assault.
   
2. When the charge of Indecent Assault, was put to you on 10 February 2016, you pleaded guilty to the charge in the presence of your Legal Aid Counsel. I find your plea to be unequivocal.
   
3. I summarised the summary of facts as follows;-

“That Timoci Serevi, the Accused on 6 of June 2015, at Buca village between 8pm to 10pm, the Victim was at home sleeping lying face down on the mattress. The Accused went to the victim and asked the victim if they can share his small blanket. The Accused went beside the Victim placed his hands inside the victim’s pants and rub his hands on the victim’s buttocks. The victim felt that the Accused hands touching his buttock, he woke up and the Accused stood up and walked back to where he was suppose to sleep. The victim told his Aunty and Uncle on the next morning about what the Accused had done to him.”

4. You admitted to the summary of facts when it was read in open court on 10 February 2016. The Defence Counsel filed your mitigation submission on 29 April 2016, which I have considered in this sentence.
   
5. The maximum penalty for the offence of indecent assault is 5 years imprisonment. The tariff is 12 months to 4 years imprisonment, depending on the nature of the assault.
   
6. At the time of the offence, the Victim was 11 years old and you were 52 years old. There is an age difference of 41 years. Considering the age difference, I pick 2 years as my starting point for your sentence.
   
7. You sleep with the victim in the same house. You breach the victim’s trust on you that you will protect him as a young and vulnerable member of society. You take advantage of your age position and in that authority to exploit, abuse, and expose the victim for your uncalled and evil sexual desire. All these are aggravating factors in your case and I will increase your sentence by 1 year. That will increase your sentence to 3 years.
   
8. You entered an early guilty plea and you are entitled to one third reduction. I will reduce your sentence by 1 year and that reduces your sentence to 2 years.
   
9. I have noted and considered the written mitigation filed by your counsel and I reduce your sentence by 1 year. That reduces your sentence to 1 year.
   
10. Your final sentence is 1 year. I have decided not to suspend your sentence on the need to protect the vulnerable members of the public like the Victim in this case. Immediate imprisonment term should act as a deterrent and also to send a strong message to the people who intend to commit similar offence today and in the future.
    
11. Timoci Serevi, I now sentence you for the offence of indecent assault to 1 year imprisonment with immediate effects.
    

28 days to appeal

C. M. Tuberi

RESIDENT MAGISTRATE