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State v Odean [1998] FJMC 1; Criminal Case No 0147 of 1998 & Criminal Case No 148 of 1998 (12 August 1998)

IN THE MAGISTRATES COURT

AT SUVA

Criminal Case No. 147 of 1998
Criminal Case No. 148 of 1998

SSTATE

v

GYANENDRA ODEAN

For the Defendant - Mr Tuitoga

SENTENCE

Deft you appear for sentence on 2 counts of assault occasioninioning actual bodily harm. You are charged separately in files 147 and 148/98. You assaulted you wife Yashniz Nisha.

These proceedings were instituted in this court on 15/1/98. The matters were adjourned on 3 occasions until 8/6/98 when you pleaded guilty to both counts in the two files. I called for a Social Welfare Officer's (probation) report to reflect on the facts and your personal circumstances and assist me in sentencing you. I now have the benefit of the report which I have read carefully. The state counsel wished me to hear the victim. I have not been persuaded by the support of any authority to take that course.

I have carefully looked at the medical reports on your victim in both files. In report dated 23/12/97 the doctor has noted no physical injury except some tenderness. In the other report he noted some bruises on the cheek and the left knee. I treat them as minor injuries for the purposes of this sentencing. The probation report sets out in detail the circumstances surrounding the offence and it confirms matters the prosecution laid before this court. It also sets out the ongoing difficulties in your married life. I take account of those matters.

Your counsel has told me that there is an order for maintenance against you in the domestic court Suva in respect of your children and your wife. They must be maintained and I consider it a primary objective of this court to see that continues. I remind myself that any conviction I enter against you will inevitably result in your employment being terminated. This will cause considerable hardship to your children and the complainant from whom you are now separated.

I take into account your guilty plea and the fact that you have an unblemished police record. I also remind myself that domestic violence is on the rise. However each case must be dealt with on its own facts. I am convinced that on the facts and circumstances surrounding your offending and taking into account matters stated in the probation report I should exercise my discretion in discharging you without conviction. I do that in each of the two charges. Because both offences were committed within a space of five days I must employ the totality principle in dealing with you. In each of the files I order that you pay $50.00 costs in default 55 days. You have 28 days to pay. In the end I note the respective sentences as follows:

File 147/98 - discharged under section 44. Ordered to pay $50.00 costs. In default 55 days. 28 days to pay.

File 148/98 - discharged under section 44. Ordered to pay $50.00 costs. In default 55 days. 28 days to pay.

S.P. Sharma RM

Suva,
12/8/98