State v Chand - Sentence [2025] FJMC 62; Criminal Case 408 of 2023 (27 August 2025)

IN THE MAGISTRATE’S COURT AT SIGATOKA

CRIMINAL JURISDICTION

Criminal Case No. 408/2023

The State –v- Arvin Chand

For the State: Sgt. Cerei

For the Accused: Ms. Kumar

SENTENCE

1. Arvin Chand, after a full trial, you have been found guilty as charged for two counts of Attempt to Commit Rape contrary to section 208 of the Crimes Act. You are therefore convicted accordingly.
2. The facts are that in the month of July 2023 at Lokia Settlement, Sigatoka, you conveniently isolated each of the child victims on to separate occasions in your house. You identified the kitchen of your house as the place and scene to commit these despicable acts on them. The victims were scared of you and have not returned to your house ever since.
3. You are a first offender and you have submitted the following plea in mitigation.
   • - You are 58 years of age, a widower and as a farmer earn about $100 to $200 a week.
   • - You seek forgiveness for your actions.
     

4. The maximum sentence for Count 1 carries a term of 10 years imprisonment.

5. Pursuant to section 17 of the Sentencing and Penalties Act 2009, the Court chooses to impose an Aggregate Sentence on you as both counts stem from the same set of facts.
   
6. The tariff for the Attempt to Commit Rape was set in the case of Aunima v The State [2001] FJHC 105; HAC0033J.2001s (27 June 2001). While this tariff under the Penal Code which contained a maximum sentence of 7 years, it was adopted under the Crimes Act in the equivalent authorities of State v Soli - Sentence [2017] FJHC 249; HAC 174 of 2013 (31 March 2017) State v Singh [2015] FJHC 963; HAC27.2013 (7 December 2015) State v Chand [2017] FJHC 744; HAC163.2013 (9 October 2017) State v Din [2012] FJHC 1115; HAC28.2011 (21 May 2012)State v Ismail - Sentence [2014] FJHC 628; HAC115.2012 (26 August 2014).

7. In Aunima, Madam Justice Shameem stated:

“Applying all these principles, I find that the accepted tariff for Attempted Rape in the Fiji Courts ranges from 12 months imprisonment to 5 years imprisonment. A starting point should then be chosen according to the seriousness of the offending.

8. The aggravating factor is the breach of trust that you had over the victims as their Uncle and neighbor. Your mitigating factors include your remorsefulness. In assessing the facts, I accept your level of culpability is medium.
9. Therefore, I commence your imprisonment at 36 months imprisonment. I add 4 months for the aggravating factor, resulting in a term of 40 months imprisonment. For the mitigating factors, I deduct 6 months for your mitigating factors, leaving you with a balance of 34 months imprisonment.
10. For the offences of Attempt to Commit Rape, this Court sentences you to a term of 34 months imprisonment.
    

11. The sentence will now be explained to you in your preferred language.

12. 28 days to appeal.

J. Daurewa

Resident Magistrate

27^th August, 2025