Magistrates Court of Fiji

Mitigation

Your mitigation is as follows:

- 20 years old.
- Single.
- Waiter.
- Seek forgiveness from employers for action.
- Have tarnished the image of employer and the country.
- Regret action.
- Am remorseful and will not re-offend.

Count One

The maximum sentence for abduction of person under 18 years of age with intent to have carnal knowledge, contrary to Section 211 (1) of The Crimes Decree of 2009 is 5 years imprisonment. The Tariff for the offence is between 12 months to 24 months.

The Court takes a starting point of 18 months for the 1st count. For your guilty plea the Court gives 6 months discount. For your total mitigation and the fact that you are a 1st offender (character) the Court gives you further 3 months discount.

For the aggravating factors which involves you "spiking" the victim's soft-drink to take advantage of her the Court increases your sentence by 3 months.

For Count 1 – you, Vereniki Nitudamu are sentenced to 12 months imprisonment.

Count 2

The maximum sentence for indecent assault, contrary to Section 212 of the Crimes Decree 2009 is 5 years imprisonment. The Tariff for the offence is between 12 months to 24 months.

For the 2nd Count the Court takes a starting point of 18 months Imprisonment. For the guilty plea court gives 6 months discount. For your mitigation and the fact that you are a 1st offender (character) the Court gives you further 3 months discount.

For the 2nd Count - you, Vereniki Nitudamu are sentenced to 9 months imprisonment.

Decision whether to suspend the sentence or not

The Court has considered that it may make an order suspending your sentence under Section 26 of The Sentencing and Penalties Decree 2009. The Court notes that you are a first offender. The Court has careful considered all the factors and is of the view that in this case it will not suspend your sentence even though you are a first offender. The Court has based its decision given the nature of the offending and the breach of trust by you as a hospitality industry worker. You have let your employers down. This country largely relies on tourists and tourism is the major source of revenue earner for this country and we cannot have people like you tarnishing the image of the tourism industry. Your actions need to be punished to send a message out that such despicable behaviour is not and will not be tolerated.

Sentence

Count 1 - 12 months imprisonment.

Count 2 - 9 months imprisonment.

The term of imprisonment is concurrent. The 1st Count is to be served concurrent to the 2nd Count.

You have 28 days to appeal this sentence if you are not satisfied with this Courts decision.

Chaitanya Lakshman
Resident Magistrate

Sigatoka
17/1/2011