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State v Ud-Dean - Sentence [2014] FJMC 92; Criminal Case 1406.2012 (27 May 2014)

IN THE MAGISTRATES COURT OF FIJI
AT SUVA

Criminal Case No: - 1406/2012

STATE

V

MOHOMMED NABI UD- DEAN

PC Josuha for the Prosecution.
Mr. Khatri for the Accused.

Date of Judgment : 26th May 2014
Date of Sentence : 27th May 2014

SENTENCE

1. MOHOMMED NABI UD- DEAN, you were convicted after a trial for one count of Abduction of Person under 18 years of Age with intent to Carnal Knowledge contrary to section 211 of the Crimes Decree No. 44 of 2009.
   
2. During the trial it was revealed that you took away one Kasanita Wati who was 17 years old away without her guardian's consent and had sexual intercourse with her.
   
3. Maximum penalty for this offence is 05 years imprisonment.
   

4. In State v Kartik [2012] FJHC 840 his Lordship Justice Madigan held that tariff for this offence is from 12 months to 03 years.
5. Aggravating factor is the age difference of the parties which is nearly 20 years.
6. Mitigating factors as submitted by learned counsel are you are a first offender, married with 02 children, seeks forgiveness and remorseful.
7. Considering the facts in this case I select 14 months as my starting point and add 06 years for aggravating factor to reach 20 months imprisonment. For mitigating factors I deduct 14 months to reach 06 months imprisonment.

8. This Court has the power to suspend a sentence which does not exceed 02 years pursuant to section 26(2) (b) of the Sentencing and Penalties Decree.
   
9. Even though you are a first offender I would consider the purpose for having this kind of law. In State v Kartik [supra] his Lordship Justice Madigan said that this offence exists to protect young girls from predatory men with lascivious intent. Also there were no evidence led in trial to show that there was any relationship between you and the victim. These grounds are enough for me not to suspend this sentence.
   
10. Accordingly I sentence the accused to 06 months imprisonment for offence Abduction of Person under 18 years of Age with intent to Carnal Knowledge contrary to section 211 of the Crimes Decree.
    
11. 28 days to appeal
    

H. S. P. Somaratne
Resident Magistrate