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State v Naidu [2015] FJMC 94; Criminal Case 146.2014 (24 August 2015)

IN THE MAGISTRATE'S COURT AT LABASA

CRIMINAL JURISDICTION

Criminal Case No. 146 of 2014

STATE

v

JITENDRA NAIDU

Prosecution: PC Nilesh
Accused: Mr Kohli. A
Sentence: 24 August 2015

SENTENCE

1. The Accused, Jitendra Naidu is charged for Assault Causing Actual Bodily Harm, contrary to section 275 of the Crimes Decree No. 44 of 2009. The particulars of the offence is that the Accused on the 19th day of January 2014, at Labasa, in the Northern Division, unlawfully assaulted one Marica Brown.
   

2. The victim in this case is the wife of the Accused.

3. The Accused pleaded guilty to the charge on 2 February 2015, and I find the plea to be unequivocal.
4. The facts of the case is that on 19 January 2014, at Tuatua, Labasa, the Accused pushed the Victim's on the face to prevent the Victim's from pushing him.

5. The Accused admitted the summary of facts and was convicted as charged. The Defence Counsel submitted written mitigation.

6. The maximum penalty for this offence is 5 years imprisonment. The tariff ranges from suspended sentence to 18 months imprisonment.

8. There was no injury in this case, so I will pick 6 months as my starting point. The aggravating factors is that the Victim is your wife, so I add 2 months for that making a total of 8 months. I reduce 2 months for your guilty plea making a total of 6 months imprisonment. I further reduce the sentence by 3 months for the convincing and strong mitigation factors. That leaves 3 months as your final sentence.

9. Your final sentence is 3 months imprisonment and it is an appropriate case for the sentence to be suspended.

10. In your written mitigation you ask this court to exercise its powers and discretion under section 16(1) of the Sentence and Penalties Decree 2009 and not to record a conviction as conviction will affect your current employment as a Civil Servant.

11. When considering all the circumstances of this case, including the impact of a conviction on you and your family's economic and social wellbeing and your employment, I find that this is an appropriate case where I have to exercise my discretion under section 15(1)(f) of the Sentence and Penalty Decree 2009.

12. In sentencing the Accused, I record a no conviction in this case and for the Accused to pay a court cost of $200.00 within 28 days. In default, 6 weeks imprisonment.

13. In addition, I issue a permanent Domestic Violence Restraining Order with Standard Non-Molestation Condition under section 27 of Domestic Violence Decree 2009, against the Accused for the protection of the Victim who is your wife.

28 days Appeal.

.........................................
Cama M.Tuberi
RESIDENT MAGISTRATE