State v Tukai [2017] FJMC 125; Criminal Case 624.2017 (9 October 2017)

IN THE MAGISTRATES’ COURT OF FIJI
AT NAUSORI

Criminal Case No: - 624 /2017

STATE

V

PENI TUKAI

For the Prosecution: WPC Taitila

The Accused: In person

Date of Sentence : 09^th of October 2017

SENTENCE

1. PENI TUKAI, you were charged with one count of Serious Assault contrary to section 277(b) of the Crimes Act No 44 of 2009.
2. You pleaded guilty for this charge on 3^rd October 2017 and admitted the summary of facts presented by the prosecution.
3. According to that on 17^th August 2017 when the police came to arrest you for some offences you fled away from your home. When the police team gave the chase, you picked a piece of timber and stuck one police officer’s left ankle causing him injuries. The medical report presented to the court confirms about the injuries to the victim.
4. I am satisfied that your plea was made voluntarily and unequivocal and convict you for this offence.
5. The maximum penalty for Serious Assault under the Crimes Act is 05 years imprisonment.
6. In State v Batiratu [2012] FJHC 864; HAR001.2012 his Lordship Chief Justice Anthony Gates held :

“Assault on a police officer is listed under section 277 – headed "Serious Assaults". Serious assaults under this section attract a maximum sentence of 5 years imprisonment. These offences under section 277 are to provide protection for those persons with specific duties to perform, such as to arrest a suspect, or for a police officer to carry out his or her duty, or for anyone aiding a police officer in that regard, and they cover assaults committed during unlawful combinations to raise wages or respecting trade, business or manufacturing matters, or assaults against court process servers, those executing lawful distress, or assaults on persons carrying out duties imposed on them by law.”

7. In the above case his Lordship said the tariff would be from 6-9 months imprisonment for this offence.
8. 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.

9. Considering the above judicial precedents and based on an objective seriousness of this offence, I select 06 months as the starting point for your sentence.
10. You assaulted the police officer with a piece of a timber. The victim got injured from your assault as per the medical report. I consider these as aggravating factors and add 09 months to reach 15 months imprisonment.
11. In mitigation you submitted the following :
    1. Sole bread winner of the family;
    2. Seek forgiveness;
    100. 46 years old;
    4. Farmer.
12. For these mitigating factors I deduct 03 months to reach 12 months imprisonment.
13. You are not a first offender and not entitle for discounts for your character.
14. For pleading guilty at the earliest opportunity finally I deduct 1/3 to reach 08 months imprisonment.
15. Now I have to consider whether to suspend your sentence pursuant to section 26(2) (b) of the Sentencing and Penalties Act.
16. In my view the violent attack on those who work in law enforcement is an attack on society itself. The peaceful enjoyment of life by every citizen in Fiji is dependent on the jobs police officers perform each day. Hence severe sentences would be proper for people who commit this kind of offence. Accordingly I find a custodial sentence is warranted in this case.
17. PENI TUKAI, you are sentenced to 08 months imprisonment for this charge.
18. 28 days to appeal
    

Shageeth Somaratne

Resident Magistrate