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

State v Taito [2012] FJMC 228; Criminal Case 242.2012 (25 September 2012)

IN THE RESIDENT MAGISTRATE'S COURT OF NAVUA

Criminal Case No: - 242/2012

STATE

V

LUI TAITO

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

SENTENCE

1. LUI TAITO, you were charged in this Court for Annoying Person contrary to s. 213(1) (a) of the Crime Decree No 44 of 2009.
   
2. You waived right to counsel and pleaded guilty for the charge on 25/09/2012. You also admitted the summary of facts.
   
3. According to the facts on 08/07/2012 at Wainividio, Navua you informed the complainant's son not to take their cow to your land and when the complainant asked about that you uttered abusive words.
   
4. The maximum penalty for this offence is 01 year imprisonment.
   
5. In Koya v The State [1999 FJHC 89] the court upheld 09 months imprisonment for these kind of offences.
   
6. Considering the facts in this case I take 06 months imprisonment as the starting point for your sentence.
   
7. From the facts of this case I find no aggravating factors and therefore your sentence would stand at 06 months.
   
8. You did not plead guilty at the first available opportunity. But I will give credit to you for pleading early and saving the Court's resources. For that I will reduce 01 month.
   
9. The following will be considered as mitigating factors in this case.
   
   1. 47 years old
   2. Seeks forgiveness
   3. First offender.
      
10. For these I have reduced further 02 months. Now your final sentence would be 03 months imprisonment.
    
11. Under s. 26(2) (b) of the Sentencing and Penalties Decree I can suspend a sentence which is below 02 years.
    
12. You are a first offender. You pleaded guilty without going for trial. You asked forgiveness from this Court. I believe these factors warrant a non custodial sentence in this case.
    
13. Accordingly I will suspend your 03 months imprisonment for 01 year.
    
14. If you commit any crime during the period of 01 year and found guilty by the Court you can be charged under s. 28 of the Sentencing and Penalties Decree.
    
15. 28 days to appeal
    

25/09/2012

H.S.P.Somaratne
Resident Magistrate, Navua