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State v Naitoko [2012] FJMC 219; Criminal Case 257.2012 (17 September 2012)

IN THE RESIDENT MAGISTRATE'S COURT OF NAVUA

Criminal Case No: - 257/2012

STATE

V

ALITINA NAITOKO

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

SENTENCE

1. ALITINA NAITOKO, you waived right to counsel and pleaded guilty to the offence of Assault Occasioning Actual Bodily Harm contrary to s. 275 of the Crime Decree No 44 of 2009 on 17/09/2012.
   
2. According to the summary of facts which you admitted, on 02/07/2012 you had an argument with your sister in law (victim) in your house and punched her on her head and face inflicting injuries.
   
3. The medical report was tendered to the court. It showed the victim suffered injuries to her face.
   
4. I am satisfied that you fully understand the legal effects of your plea and your plea was made voluntarily. Accordingly I convict you for the above offence.
   
5. The maximum penalty for this is 05 years imprisonment.
   
6. In State v Tugalala [2008] FJHC 788 it was held that tariff for this kind of offence to be from absolute discharge to 12 months imprisonment.
   
7. In "State vs Anjula Devi" Criminal Case No. 4 of 1998, 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 summary of facts I take 06 months imprisonment as the starting point.
   

Aggravating factors

9. Aggravating factor in this case is victim is your sister in law. Therefore this is a domestic violence. For that I increase your sentence by 03 months. Now your sentence would be 09 months imprisonment.
   

Mitigating factors

10. Mitigating factors in this case are as follows.
    
    1. 22 years old
    2. Reconciled
    3. Seeks forgiveness
    4. First offender
       
11. Since you pleaded guilty at the first available opportunity your sentence would be reduced by 1/3 and for other mitigating factors I reduce another 02 months. Now your final sentence would be 04 months imprisonment.
    
12. You are a young first offender. Therefore I believe you should be given a chance to reform.
    
13. Accordingly I sentence you to 04 months imprisonment and suspend that sentence for 01 year.
    
14. If you commit any crime during the next 01 year and found guilty by the court you can be prosecuted for an offence in pursuant of section 28 of the Sentencing and Penalties Decree.
    
15. Also I grant a permanent domestic violence restraining order with standard non molestation condition in favor of the victim.
    
16. 28 days to appeal
    

17/09/2012

H.S.P.Somaratne
Resident Magistrate, Navua