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

State v Voliani [2013] FJMC 379; Criminal Case 124.2013 (21 October 2013)

IN THE MAGISTRATE COURT OF FIJI
AT TAVUA
CRIMINAL JURISDICTION

CRIMINAL CASE NO. 124/13

BETWEEN:

THE STATE

AND:

PIO VOLIANI

Prosecution: PC Dinesh
Accused: In Person

SENTENCE

1. Pio Voliani you pleaded guilty to the offence of Grievous Harm contrary to section 258 of the Crimes Decree No. 44 of 2009.
   
2. You were given the opportunity as of right to apply for legal aid however you did not do so. Hence you waived your right to apply for counsel and pleaded guilty freely to the charge and also accepted the facts tendered by prosecution.
   
3. The Court being satisfied that you pleaded guilty voluntarily convicted you as charged.
   

Facts

4. You on 8th June 2013 at Koroboya Village Vatukoula had been drinking grog with a friend when the complainant your wife (Teresia Sadole 21yrs) came over and called you. You got angry and chased the complainant. You got hold of her and hit her and struck her with a stone and barbed wire.
   

The matter was reported to police and you were questioned for the offence and charged for the alleged offence.

The complainant was also taken for medical examination and her medical report shows that she had sustained injuries to her back, leg and head.

5. You mitigated and I consider the following in your favor:
   
   • Guilty plea.
   • First offender.
   • Sought forgiveness from the court and has also reconciled with the complainant.
     

Tariff

6. The maximum sentence for the offence you've been charged with under the Crimes Decree 2009 is 15 years imprisonment.
   
7. Grievous Harm is a serious offence and according to State v Mokubula [2003] FJHC 164; HAA0052J.2003S the tariff is between 6 months and 5 years. If a weapon is used tariff would be between 2 years and 5 years.
   
8. In the case of Felix Patel v State Criminal Appeal No. HAA 30 of 2011, Justice Madigan when considering an appeal on sentence for the offence of Grievous Harm under section 258 of the Crimes Decree, upheld a 30 month's imprisonment term for the appellant who had pleaded guilty to attacking his own brother and smashed a beer bottle onto his head, causing serious injuries.
   
9. The following I would consider as aggravating:
   
   • Breach of trust due to the existing relationship.
   • Lack of provocation from the complainant.
     

Sentence

10. In light of your relationship with the complainant, the offending in this case is regarded as a domestic violence offence and it is not a reconcilable offence.
    
11. In considering the offending in this case, I take a starting point of 24 months. For the aggravating factors, I increase your sentence by 2 months. Therefore your sentence stands at 26 months imprisonment.
    
12. This being your first offence, remorse and other mitigating circumstances I reduce your sentence by 6 months. For your guilty plea I give a further reduction of 8 months. Your final sentence is now 12 months.
    
13. I now consider whether your sentence should be suspended. You've a first offender and sorry for your actions. However the offence you committed is serious and could have been fatal as the complainant was injured on a vulnerable body part which is the head. In the opinion of the court a strong deterrence is warranted in the public interest. People must learn to resolve their disputes or differences through dialogue and peaceful means and not through the use of violence. In addition there are no exceptional circumstances that would warrant suspending your sentence.
    
14. Your sentence will not be suspended. You will serve an immediate imprisonment term of 12 months.
    
15. The Court will also impose on you the standard non-molestation conditions under section 27(2) of the Domestic Violence Decree i.e. you must not:
    
    1. physically assault or sexually assault Teresia Sadole;
    2. threaten to physically assault or sexually assault Teresia Sadole;
    3. damage or threaten to damage any property of Teresia Sadole;
    4. threaten, intimidate or harass Teresia Sadole;
    5. behave in an abusive, provocative or offensive manner towards Teresia Sadole;
    6. encourage any person to engage in behaviour against Teresia Sadole where the behaviour if engaged in by you would be prohibited by the order.
       
16. This Domestic Violence Restraining Order is permanent and can only be discharged, suspended or varied by further Court Orders.
    
18. 28 days to appeal.
    

Samuela Qica
Resident Magistrate

21st October 2013