Home | Databases | WorldLII | Search | Feedback Magistrates Court of Fiji

State v Sharma [2011] FJMC 36; CRC10.2011 (15 February 2011)

IN THE MAGISTRATE'S COURT AT LAUTOKA

Criminal Case No 10/11

BETWEEN

THE STATE

AND

1. SALESH SHARMA
2. PARMEND SHARMA
   

SENTENCE

1. You, Salesh Sharma and Parmend Sharma are to be sentenced upon pleading guilty to the charge of Assault causing actual bodily harm contrary to Section 275 of the Crimes Decree No 44 of 2009.
   
2. The maximum sentence for this offence is imprisonment for 5 years.
   
3. It was revealed that both of you are brothers. The Complainant is the wife of Parmend Sharma and the sister in law of Salesh Sharma. On the 11th of December 2010 you, Parmend Sharma left home for work and didn't return home. It was revealed that you went to drink beer with Salesh Sharma and slept at your parent's house. The following day the Complainant came looking for you and later both of you assaulted her. You, Salesh Sharma assaulted the Complainant with a sugar cane and you, Parmend Sharma punched her on face. The Complainant's parents came and stopped the fight. The Complainant has received injuries according to the medical report. Both of you were under the influence of liquor.
   
4. It appears that both of you got together and assaulted the Complainant. The Complainant received bruises on her buttocks, abrasions on left upper chest and tenderness on left forearm. You assaulted her despite the relationship you have with her and thereby this incident amounts to an act of domestic violence.
   
5. In mitigation you, Salesh Sharma said that you will not re offend and said that you reconciled with the complainant. You, Parmend Sharma apologized to court and promised that this would be your first and the last offence. You said that you reconciled with the complainant. Further you said you are the sole breadwinner of the family.
   
6. In this case I pick my starting point as 12 months since this is an offence of domestic violence. For the aggravating circumstances I mentioned above I enhance the sentences for each of you by 6 months. For the mitigatory circumstances I reduce the sentences by 9 months.
   
7. You, Salesh Sharma have one previous conviction in 2006. However I decide to disregard it and consider you as a first offender. You Parmend Sharma have no previous convictions. Further I have considered the fact that you saved the court's time by pleading guilty at the very out set. Having considered the circumstances of this case I decide to suspend the sentences imposed on both of you.
   
8. Accordingly I impose 9 months imprisonment on each of you and suspend the sentences for three years.
   
9. Further in pursuant to Section 24 of the Domestic Violence Decree I make a Domestic Violence Restraining order against both of you.
   
10. I order that both of you should refrain from committing any of the following domestic violence acts against the Complainant.
    

i. physical injury or threatening physical injury

ii. sexual abuse or threatening sexual abuse

iii. damaging or threatening to damage property of the complainant

iv. threatening, intimidating or harassing

v. persistently behaving in an abusive, cruel, inhuman, degrading, provocative or offensive manner

vi. causing or allowing a child to see or hear any of the violence above

vii. causing another person to do any of the violence above.

28 days to appeal

Rangajeeva Wimalasena
Resident Magistrate

Lautoka

15.02.2011