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State v Cagilaba [2013] FJMC 61; Criminal Case 49.2013 (4 February 2013)

IN THE RESIDENT MAGISTRATE'S COURT AT NAVUA

Criminal Case No: - 49/2013

STATE

V

TOMASI CAGILBA

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

SENTENCE

1. TOMASI CAGILBA, this is your sentence for the offence of Assault Occasioning Actual Bodily Harm contrary to section 275 of the Crimes Decree.
   
2. According to the summary of facts on 22/12/2012 at Navua town, Navua you assaulted Daven Pal causing him injuries.
   
3. You waived right to counsel and pleaded guilty for the above offence. You also admitted the summary of facts.
   
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 06 months as the starting point for your sentence.
   

Aggravating Factors

8. This was committed in the night. The victim was there to buy some food and without any provocation you assaulted him. For these aggravating factors I add 03 months to your sentence to reach 09 months.
   

Mitigating Factors

9. You are 44 years old and married with 04 children. You asked for forgiveness from this Court. You are a first offender. For this mitigating factors I deduct 03 months from your sentence to reach 06months imprisonment.
   
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 04 months imprisonment.
    
11. This Court is mindful that under section 26 (2) (b) of the Sentencing and Penalties Decree it can suspend a sentence which is below 02 years.
    
12. You saved Court's resources by pleading guilty at the first chance you got. You are married with 04 children. You are also a first offender. This Court has considered all these factors and believes you need to be given a chance to reform.
    
13. Therefore I sentence you to 04 months imprisonment for the Offence of Assault Occasioning Actual Bodily Harm and suspend that sentence for 02 years.
    
14. You have to be in good behavior during the next 02 year. If you commit any crime during that period you can be charged under section 28 of the Sentencing and Penalties Decree.
    
15. 28 days to appeal
    

04/02/2013

H.S.P.Somaratne
Resident Magistrate, Navua