IN THE RESIDENT MAGISTRATE'S COURT OF NAVUA

Criminal Case No: - 248/2012

STATE

V

MAIKA TUTUVAKATABUA

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

SENTENCE

1.	MAIKA TUTUVAKATABUA, you were charged with Assault Occasioning Actual Bodily Harm contrary to s.275 of the Crimes Decree. 

2.	When the charge was read to you on 15/10/2012, you waived right to legal counsel and pleaded guilty for the charge. 

3.	Summary of facts reveled that on 15/07/2012 you came home drunk and asked your mother about food. Then you got angry and when the victim (your father) tried to stop you assaulted the victim causing injuries. You admitted the facts when it was read to you.

4.	This court is satisfied that you pleaded guilty without any threat or inducement and therefore convicts you for the offence. 

The Law and Tariff for Assault Occasioning Actual Bodily Harm.

5.	The maximum penalty for this offence is 05 years imprisonment. 

6.	Tariff for this offence is from an absolute or conditional discharge to 12 months imprisonment. In State v Tugalala [[2008] FJHC 78; HAC025S.2008S (29 April 2008). 

7.	Upon considering the summary of facts in this case I select 06 months imprisonment as the starting point for your sentence. 

8 The victim is your father. He was 57 years old. This offence comes under the definition of domestic violence. Also you assaulted the victim without any provocation. At that time you were drunk. All these will be considered as aggravating factors and I add 03 months to your sentence to reach 09 months. 

9	You were given a chance to mitigate and you submitted the following points.

I.	25 years old
II.	Single 
III.	Seeks forgiveness 

8.	Since you pleaded guilty at the first available opportunity this court reduced your sentence by 1/3 to reach 06 months (Akili Vilimone v State).

9.	For other mitigating factors I reduce further 02 month to reach the period of 04 months imprisonment. You have previous convictions and therefore would not get any discounts for your past behavior. 

10.	Now your final sentence is 04 months. I am mindful of the fact that this court can suspend a sentence which is below 02 years. 

11.	You admitted the list of previous convictions tendered by the prosecution. From that I note that you got 13 convictions. I also note that this court has given you a suspended sentence in C.F. 178/2008 on 26/03/2012 for 03 years. And according to summary of facts this offence was committed on 15/07/2012, the operational period of that suspended sentence. 

12.	The main purposes of giving a suspended sentence are to keep offenders out of prison whilst giving them a chance to reform.

13.	By reoffending within 04 months of the suspended sentence you demonstrated that you did not learn from the mistakes nor wanted to reform. Therefore this court does not see any reason for giving you a second chance. 

14.	Accordingly you are sentenced to 04 months imprisonment for committing this offence. 

15.	Also this court issues a permanent domestic violence restraining order with standard non molestation conditions in favor of the victim under s.24 (1) (b) of the Domestic Violence Decree 2009. 

16.	The police is ordered to take necessary steps against the accused for breaching the suspended sentence in C.F. 178/2008. 

17.	28 days to appeal

16/10/2012

H.S.P.Somaratne
Resident Magistrate, Navua