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State v Karan [2016] FJMC 122; Criminal Case 59.2016 (26 August 2016)

IN THE MAGISTRATES’ COURT OF FIJI
AT TAVEUNI

Criminal Case No: - 59/2016

STATE

V

SALESHINI DEVI KARAN

For the Prosecution: Sgt.Naidu

The Accused: In person

Date of Sentence : 26^th of August 2016

SENTENCE

1. SALESHINI DEVI KARAN, you were charged with one count of Assault Occasioning Actual Bodily Harm contrary to section 275 of the Crimes Decree No 44 of 2009.
2. You pleaded guilty and admitted that on 07/06/2016 you assaulted the victim. This incident happened in South Taveuni Primary School where you are working as a school teacher. The victim is 06 years old student of your class and after inquiring about the class room key you slapped her two times.
3. Even though you are charged with Assault Occasioning Actual Bodily Harm the medical report of the victim does not show any injuries and hence I convict you for the lesser offence of Common Assault contrary to section 274 of the Crimes Decree. Section 160(1) of the Criminal Procedure Decree allows the court to act like this.
4. The maximum penalty for Common Assault is 01 year imprisonment.
5. There is no fixed tariff for this offence and discretion is with the sentencing court to select a starting point and bound over is also applicable for this sentence.
6. Considering the gravity of offending, I select 05 months imprisonment as the starting point for your sentence.
7. The victim is 06 years old student of your class and I consider that as aggravating factor and add 03 months to reach 08 months imprisonment.
8. In your mitigation you submitted the following :
   1. 40 years old ;
   2. Married with 2 children ;
   100. First offender ;
9. For these mitigating factors I deduct 02 months to reach 06 months imprisonment.
10. You also submitted that you have reconciled with the victim. In normal scenario I would have taken this reconciliation in to consideration and discharge you from this case pursuant to section 154 (3) (b) of the Criminal Procedure Decree. But the victim is 06 year old student who is not a position to understand the reconciliation and further this aggravates by the fact that you are her class teacher. Hence I do not act under this provision.
11. In UK Guilty Plea guidelines of 2007 it has been held that when an accused pleaded guilty at the first available opportunity the reduction is 1/3 and after a trial date is set 1/4 recommended. But when an accused pleaded guilty at the door of the court or after the trial has started he maybe entitle for only 1/10 discount.
12. You pleaded guilty on the first day and therefore giving full credit I deduct 1/3 to reach 04 months imprisonment.
13. Now I have to decide whether to suspend this sentence. What you have done on that day falls in to child cruelty as well corporal punishment which has been prohibited in the schools presently. As a teacher with considerable experience (19 years) you should have been aware that there are other methods to discipline students instead to using these outdated practices.
14. But I believe you would have already learned your lesson and there may be some disciplinary action also against you in future. Hence non-custodial sentence is sufficient in this case which would allow you chance to rehabilitate.
15. SALESHINI DEVI KARAN, I sentence you to 04 months imprisonment for the offence of Common Assault and suspend this for 01 year. If you commit any offences during next 01 year you can be charged under section 28 of the Sentencing and Penalties Decree.
16. 28 days to appeal.
    

Shageeth Somaratne

Resident Magistrate