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State v Chand [2012] FJMC 107; Criminal Case 235.2012 (31 May 2012)

IN THE MAGISTRATE'S COURT OF FIJI AT NADI
CRIMINAL JURISDICTION

CRIMINAL CASE NO: 235/12

STATE

V

ABHAY CHAND

Sgt. Naidu for prosecution
Accused in person
Date of Sentence: 31.05.2012.

SENTENCE

1. You, NIMAL RAJNEEL SINGH, are charged with one count of assault occasioning actual bodily harm contrary to section 275 of the Crimes Decree No.44 of 2009.
   
2. You pleaded guilty to the charge when the charge was read over and explained to you and after you confirmed that was your freewill.
   
3. A summary of facts was outlined by the prosecution which was put to you and you admitted the facts stated therein.
   
4. I have reviewed the facts against the particulars of the charge laid in the information and they support the essential elements of the charge. I therefore convict you as charged.
   
5. The outline of facts admitted by you confirms that at around 1400hrs on 3 March 2012 at Utelei settlement you struck one Imraz Dean, the victim on the shoulder with a kitchen knife, causing injuries. Medical Officer's Report (Ex-2) confirms that the victim received lacerated stab wounds. It also confirms that the victim's T-shirt had blood stain.
   
6. On that day you had an argument with the victim and ended up in a fight where you chased him with the cane knife. Both of you went to police station and you were warned by police. Despite this warning, you attacked the victim with a kitchen knife and ran off. You surrendered to police the following day.
   
7. Premeditation, use of weapon and trauma you caused to the victim aggravated the offending.
   
8. Your mitigations were that: you are 22 years of age, single and working for a construction company. You told that you have made a mistake and it will not happen again.
   
9. The offence of assault occasioning actual bodily harm carries a maximum penalty of imprisonment for 5 years pursuant of section 275 of the Crimes Decree.
   
10. The tariff for assault occasioning actual bodily harm ranges from a suspended sentence where there is a degree of provocation and no weapon used, to 9 months imprisonment for the more serious cases of assault (State v Anjula Devi, Criminal Case No. 04 of 1998 Lab.). See also Sereka v State [2008] HAA 27/08S 25 April 2008: per Justice Goundar.
    
11. Given the above, I think it is proper to fix a sharp sentence and accordingly I fix 07 months imprisonment in this case. When I fix this sentence I have taken into consideration all the facts and circumstances including aggravating factors, plea of guilty and mitigation.
    
12. You caused actual bodily harm to the victim using a kitchen knife. There was no provocation. You assaulted him because you are not in good term with the victim, your neighbour. You were told to reconcile but you did not make any strive to reconcile with the victim. This shows that you are not remorseful for your action. In the circumstances, I decline to suspend the sentence although you are a first time offender.
    
13. Twenty eight (28) days to appeal.
    

ORDER

14. I make the following order:
    

(a) You are hereby sentenced to 07 month imprisonment.

M H Mohamed Ajmeer
Resident Magistrate

At Nadi
31 May 2012