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State v Koroi [2012] FJMC 214; Criminal Case 271.2012 (26 September 2012)

IN THE RESIDENT MAGISTRATE’S COURT OF NAVUA

Criminal Case No: - 271/2012

STATE

V

NIUMAIA KOROI

For Prosecution : - Sgt .Lenaitasi
Accused : - In person

SENTENCE

1. Niumaia Koroi, you were charged for Assault Occasioning Actual Bodily Harm contrary section 275 of the Crime Decree No 44 of 2009.
   
2. You elected to represent yourself and pleaded guilty for the charge on 26/09/2012. You also admitted the summary of facts.
   
3. According to the summary of facts you had an argument with your de-facto partner on 22/09/2012 at Lepanoi, Serua and assaulted her causing injuries.
   
4. This court is satisfied that you pleaded guilty without any threat or inducement and therefore convicts you for the charge.
   
5. The maximum penalty for the offence is 05 years imprisonment.
   
6. His Lordship justice Goundar held out that the tariff for assault occasioning actual 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 (Sereka v State [2008] FJHC 88; HAM 027)
   
7. In "State vs Anjula Devi" Criminal Case No. 4 of 1998 Lab, it was held that 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.
   
8. Considering the facts in this case I would select 06 months imprisonment as the starting point.
   
9. Aggravating factor is the victim is your de- factor partner and this is a domestic violence. For that your sentence would be increase by 03 months to reach 09 months imprisonment.
   
10. Following will be considered as mitigating factors in this case.
    
    1. Sole bread winner
    2. 28 years old
    3. Seeks forgiveness
    4. Reconciled with the victim
       
11. Since you pleaded guilty at the first available opportunity your sentence would be reduced by 1/3 (Akili Vilimone v State) to reach 06 months. For other mitigating factors I reduce another 02 months. Now your final sentence would be 04 months imprisonment.
    
12. I am mindful that under sec 26(2) (b) of the Sentencing and Penalties Decree I can suspend a sentence which is below 02 years.
    
13. You are a first offender. You have reconciled with the victim. In Prasad v State [1994] FJCA 19; Aau0023u.93s (24 May 1994), Fiji Court of Appeal held that ".... Courts ought to bend backwards to avoid immediate custodial sentence for first offenders."
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14. Your past good behavior and other mitigating factors deserve ychance to reform.
    
15. Accordingly I sentence you to 04 months imprisonment and suspend that for 02 years.
    
16. If you commit any crime during the period of next 02 years and found guilty by the court your can be prosecuted for an offence in pursuant of section 28 of the Sentencing and Penalties Decree.
    
17. Also this court is concerned about the safety of the victim. Therefore a permanent domestic violence restraining order with standard non molestation conditions is issued in favor of the victim for her safety and well being.
    
18. 28 days to appeal
    

26/09/2012

H.S.P.Somaratne
Resident Magistrate, Navua