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State v Najoritani [2013] FJMC 109; Criminal Case 112.2013 (14 March 2013)

IN THE RESIDENT MAGISTRATE'S COURT AT NAVUA

Criminal Case No: - 112/2013

STATE

V

FILIPE NAJORITANI

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

Date of Plea :- 14 March 2013
Date of Sentence :- 14 March 2013

SENTENCE

1. FILIPE NAJORITANI, this is your sentence for the offence of Assault Occasioning Actual Bodily Harm contrary to section 275 of the Crimes Decree No. 44 of 2009.
   
2. You waived right to counsel and pleaded guilty for the above offence on 14 March 2013. You also admitted the summary of facts.
   
3. According to the facts you assaulted your sister 04 Feb 2013 at Rovandrau, Navua causing injuries to her face and body. This was confirmed by the medical report tendered by the prosecution.
   
4. This Court is satisfied about your plea and convicts you for the offence.
   

The Law and the Tariff

5. The maximum penalty for the offence of Assault Occasioning Actual Bodily Harm offence is 05 years imprisonment.
   
6. In State v Tugalala [2008] FJHC 78; Her Ladyship Justice Shameem held that tariff for this offence is from absolute or conditional discharge to 12 months imprisonment.
   
7. Considering the facts in this case I take 09 months as the starting point for your sentence.
   

Aggravating Factors

8. The victim is your sister. Therefore this comes under the definition of domestic violence. For this I add 03 months to reach 12 months.

Mitigating Factors

10. For pleading guilty in the first available opportunity I follow the decision in Vilimone v State [2008] and deduct 1/3 from your sentence to reach 08 months imprisonment.
    
11. You are 28 years and single. You asked for forgiveness from this Court. You are a first offender and also reconciled with the victim. For these mitigating factors I deduct another 03 months from your sentence to reach 05 months imprisonment.
    
12. Section 26 (2) (b) of the Sentencing and Penalties Decree has given powers to this Court to suspend a sentence which does not exceed two years.
    
13. You are a first offender. You pleaded guilty at the first available opportunity thereby saving this Court's time and resources. You have reconciled with your sister. After considering all these factors I believe you need to be given a chance to reform.
    
14. Accordingly you are sentenced to 05 months imprisonment for the offence of Assault Occasioning Actual Bodily Harm and this sentence will be suspended for 01 year.
    
15. If you commit any crime during next 01 year you can be charged under section 28 of the Sentencing and Penalties Decree.
    
16. Also this Court issues a permanent domestic violence restraining order with a standard non molestation condition in favor of the victim.
    
17. 28 days to appeal.
    

14 March 2013

H.S.P.Somaratne
Resident Magistrate, Navua