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State v Naidu [2012] FJMC 305; Criminal Case 882.12 (21 November 2012)

IN THE RESIDENT MAGISTRATE’S COURT AT SUVA
CRIMINAL JURISDICTION

Criminal Case No. 882/2012

THE STATE

–v-

RONIL RIMAL NAIDU

For the State: WPC Fisher
For the Accused: Present in Person

SENTENCE

1. RONIL RIMAL NAIDU, you were charged with the offence of Assault Causing Actual Bodily Harm contrary to section 275 of the Crimes Decree No.44 of 2009 and particulars of offence states as follows; That;

On the 1st day of July, 2012 at Nabua in the Central Division, assaulted NAZMEEN NISHA, thereby occasioning her actual body harm.

2. The summary of facts of the case that was submitted by the prosecution and admitted by you is as follows;

“On the 1st day of July, 2012 at about 3.00 am at Fletcher Road, Vatuwaqa, Nazmeen Nisha [PW-1] 45 years, House-Wife of 6 Maqbool Road, Nadera was assaulted by Ronil Rimal Naidu [Accused] 25 years Technician of Fletcher Road, Nabua. [PW-1] and the [Accused] were together at Purple Haze Night Club and both went to the house of the [Accused]. Upon reaching the destination the [Accused] did ask [PW-1] for sex and offered $30.00. [PW-1] did agree. After the request and [Accused] was fulfilled by the complainant. Later the [Accused] gave $30.00. After a while [Accused] took the money out of the pocket of the [PW-1] and push her out. She yelled and went out to the police station whereby a report was lodged and [PW-1] was medical examined. There were some injuries found in her body.”

3. Aggravating Factors

The Medical Report tendered by the Prosecution shows that Complainant sustained injuries amongst others laceration, bruising and swelling.

4. You have offered oral mitigation on your behalf as follows: That you are: 25 years, single, self employed and earns $1000.00 per month, both your parents are separated, look after your mother, seek forgiveness, promises not to re-offend and remorseful.

5. Statutory Indication

According to the section 275 of the Crime Decree of 2009, the offence of Assault Occasioning Actual Bodily Harm is summary offence and maximum sentence could be imposed against you for the said offence is for 05 years imprisonment.

Tariff

Tariff was set by Madam Justice Shameem in the case of Tugalala [2008] FJHC 78 where her ladyship said:

"The tariff for this offence appears to range from an absolute or conditional discharge to 12 months' imprisonment ....That it is the extent of the injury which determines sentence".

In Sereka v State [2008] FJHC 88; HAM 027/2008 Hon. Goundar J. held at paragraph 09.

"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"

5. Sentence

In sentencing you the Court acknowledges the factors:

1. Pleaded Guilty at the first reasonable opportunity to save the Court's

time and Prosecution's time in calling witnesses for a full trial.

2. Attempts to reconciliation with the victim.
3. Remorseful for your actions.
4. Previous clear records
5. Mitigation
   

In light of Sentencing Guidelines under section 4 (1) and (2) and General Sentencing Provisions under section 15(3) ) of the Sentencing and Penalties Decree now I proceed to consider an appropriate sentences on you.

I have noticed obvious remorsefulness from you throughout the proceedings of this case. Considering all the circumstances, RONIL RIMAL NAIDU I Sentence you for the offence of Assault Causing Actual Bodily Harm contrary to section 275 of the Crimes Decree No.44 of 2009 as follows;

I am of the view of that a fine would suffice without recording conviction in terms of section 15 (1) (f) of Sentencing and penalty Decree.

I order you to pay a fine $ 150(1.5 penalty units) to be paid into Court in default 15days, out of fine $75.00 to be paid to the complainant as she sustained injuries. You have 28 days to pay. 28 days to appeal Review; 19/12/2012

--------------------------
Lakshika Fernando
Resident Magistrate

On this 21st day of November 2012