IN THE HIGH COURT OF FIJI
AT LABASA
CRIMINAL JURISDICTION

Criminal Case No. HAC 32 of 2018

STATE

V

RUKSHANA HUSSEIN

Counsels:	Mrs. D. Kumar for the State
		Mr. S. Sharma for the Accused

Date of Plea:  		20 July 2018
Date of Mitigation: 	30 July 2018
Date of Sentence: 	06 August 2018

SENTENCE

1.	The accused has entered a plea of guilty to the following 	charge:

Statement of Offence

	ACT INTENDED TO CAUSE GRIEVOUS HARM: Contrary to 	section 255[a] of the Crimes Act 2009

Particulars of Offence

	RUKSHANA HUSSEIN on 13 September 2017 at Labasa in the 	Northern Division with intent to do grievous harm to JP 	unlawfully burnt the said JP with a hot spoon. 

2.	The facts agreed between the parties are as follows:

	“The complainant is JP, a child of 7 years. She was a 	Year 2 student and lived with her mother (the 	accused) her step-father, brother and uncle.

	The accused is 21 years, domestic duties. She is the 	biological mother of the child complainant. 

	On the 13 September 2017 JP woke up around 3am 	as she normally did to prepare for the day. She was 	wearing a dress and washing dishes. The accused 	was making roti and kept telling JP to be fast with her 	chores. She was angry with JP.

	At this point the accused lifted JP’s dress and placed 	a hot cooking spoon on her back. The spoon was 	heated 	on an open flame from the wood stove she was 	cooking the roti on JP tried to run but the accused 	pulled her dress. She was burnt and cried.

	Later at about 5am, JP got dressed for school but the 	accused left to go to the sugar cane farm without 	making JP’s hair. She did not go to school. 

	On 14 September JP’s teacher noticed the burn injury 	on her and informed Social Welfare. A social welfare 	officer reported the matter to the police on the same 	day.

	On 13 September 2017 JP was medically examined at 	the Labasa hospital. She had injuries on her left 	buttock, right lower back, left buttock (sic) and 	forehead.

	The doctor noted areas of superficial burns, 	tenderness, bruises and swelling. The skin on her 	back was noted to be red, peeling and tender. ”

2.	In Mitigation Counsel submits that the accused is married with 	2 children. She is a housewife. She has no previous convictions 	and has pleaded guilty. She is very remorseful and understands 	that it was very wrong for her to do what she did. The time she 	spent in a Police cell and on remand has taught her a lesson 	and she is now a changed woman and promises not to reoffend.

3.	Counsel for the State submits that this is a serious case of 	abuse of a 7 year old who was woken at 3am to help the 	accused with household chores. It is claimed that the assault 	was a breach of trust with a weapon (the hot spoon) on a 	vulnerable child. 

4.	The offence of act with intent to cause grievous harm attracts a 	maximum penalty of life imprisonment and Shameem J set the 	tariff to be a term of imprisonment of between 6 months and 5 	years in Maba Mokubula HAA52/2003S. She stated that if a 	weapon is used the sentence should be at the upper end of this 	range. 

5.	A social welfare report obtained by the State for the purposes of 	sentencing is disturbing, but helpful. 

6.	It is reported that the child (now 8) has been in the care of the 	state since 21 September 2017. She is housed at a children’s 	home in Savusavu. She was removed from the care of her 	mother when her teacher reported marks of physical abuse on 	her body and it was noted that she was not washed or provided 	with suitable food for the day.

7.	She is thriving under the care of the wardens at the Childrens’ 	home and her reports from school are laudatory. She speaks 	and reads three languages (English, Hindi and Fijian) fluently. 

8.	However she has refused to have family members visit her, and 	whenever teachers or wardens talk about families she becomes 	morose and untalkative. 

9.	It is clear from the report that she has suffered very badly both 	physically and psychologically at the hands of mother and step- 	father and it is her stated choice that she remain at the home 	with the people she now regards as family. 

10.	For this offence I take a starting point of 18 months’ 	imprisonment. For her clear record I deduct a term of 6 months 	and to reflect her co-operation and plea of guilty at a very early 	stage of proceedings I deduct a third being 4 months which 	means that the accused will serve a total term of imprisonment 	of 8 months. 

11.	Her counsel asks that any term of imprisonment be suspended. 	Suspension of sentence for this crime can only be ordered in 	very exceptional circumstances. If the accused is remorseful it is 	remorse too late. Society will not countenance physical and 	emotional abuse of such a young child, or any child for that 	matter. The sentence is a sentence to be served. 

12.	Section 18 of the Sentencing and Penalties Act 2009 is not 	applicable so there is no minimum term to be served. 

		P. K. Madigan
		Judge

At Labasa
06 August 2018