IN THE RESIDENT MAGISTRATE’S COURT OF FIJI
AT SUVA

Criminal case 1375/12

THE STATE

V

PENI KOROI TAMANA

Prosecution : Cpl Reddy.
Accused : in person.

SENTENCE

1.	You Peni Koroi Tamana are here today to be sentenced following the admission of ‘guilt’ on your own accord and free will in this court on 15.10.2012, for committing the offence of Indecent assault contrary to section 212 of the Crimes Decree No 44 of 2009.

2.	The facts you agreed before this Court disclosed that you committed this offence on 13.10.2012 at the Post Fiji Arcade in Suva. Victim of the incident had been a 17 year old school girl. 

3.	She has come to a restaurant in the arcade at around 8.15 pm with her sister and mother. You then approached her. All of a sudden you grabbed and squeezed her right buttock. Thereafter you tried to walk away. 

4.	The victim got annoyed from the sudden incident and called out you to stop. But you continued to walk away. However victim’s mother and the other sister managed to apprehend you. Later you were handed over to the police.

5.	You admitted the allegation during the caution interview which was conducted at the Totoga police station. Accordingly the Court convicts you for the offence of Indecent assault.

6.	The maximum penalty for indecent assault is 5 years imprisonment. The case of Rokota v State Criminal Appeal HAA0068 of 2002 established the tariff for  indecent assault to range from 12 months to 4 years imprisonment. Although Rokota's case was considered under the repealed Penal Code, the principles are applicable under the Crimes Decree, because the maximum penalty is the same.

In Rokota, Shameem J stated,

"The gravity of the offence will determine the starting point for the sentence. The indecent assault of small children reflects on the gravity of the offence. The nature of the assault, whether it was penetrative, whether gratuitous violence was used, whether weapons or other implements were used and the length of time over which the assaults were perpetrated, all reflect of the gravity of the offence. Mitigating factors might be the previous good character of the accused, honest attempts to effect apology and reparation to the victim, and a prompt plea of guilty which saves the victim the trauma of giving evidence".

7.	It is to be noted that you have assaulted the victim at a place where the public was present. There is no doubt that the victim may have undergone considerable embarrassment due to the incident. 
 
8.	Having considered the circumstances I select 12 months as the starting point of your sentence.

9.	You assaulted the victim in the vicinity of her sister and mother. Also I note that she has been a 17 year old student at the time of the incident. These are aggravating factors of your offence. I will increase your sentence by another 12 months to reflect the same. Now the sentence stands at 24 months.

10.	In mitigation you stated that you are a 21 year old university student. You were remorseful and pleaded for a lenient sentence as you were under the influence of liquor at the time.

11.	However I note that voluntary intoxication is not a ground to consider in mitigation. Early plea on the first available opportunity will take 1/3 of your sentence off. Therefore your sentence is now 16 months.

12.	Previous good character and young age will further bring down your sentence by 4 months.

13.	This will leave your final sentence at 12 months.

14.	The Court is mindful that a sentence below 2 years is eligible for a suspension. At the same time I note that the Court has a duty to protect the victims specially those who are in their young age. Young girls should always feel safe at public places such as restaurants, shops and streets of the city. 

15.	 I note that the previous good character of the offender and his young age can be used to justify suspending the sentence of these types of cases. Suspended sentence is also a prison term. The only difference is that you will serve this term while attending to your day to day work.

16.	Therefore Peni Koroi Tamana today you are sentenced to 12 months imprisonment. Your sentence is suspended for 3 years.

17.	If you commit any offence during the suspended period of 3 years and if found guilty by the Court you are liable to be sent to the prison, to serve the above mentioned imprisonment period which is suspended by this Court.

18.	You may appeal to the High Court against this order, within 28 days. 

Pronounced in open Court,

Yohan Liyanage
Resident Magistrate

29th October 2012.