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State v Rokotulou [2016] FJMC 143; Criminal Case 14.2016 (13 May 2016)

IN THE MAGISTRATE'S COURT
AT NAUSORI

IN THE REPUBLIC OF FIJI ISLANDS
Criminal Case No: 14/16

State

.V.

Asesela Rokotulou

Prosecution : DPP

Accused : Present - In Person

Sentence

___________________________________________________

Introduction

Asesela Rokotulou you are charged with:

Assault Causing Actual Bodily Harm, contrary to Section 275 (1) of Crimes Decree Number 44 of 2009.

Particulars of offence (b)

Asesela Rokotulou on the 8^th day of March, 2016, at Vuniduba, Taulevu, Naitasiri in the Central Division, unlawfully assaulted Akanisi Liku by strangling her with his hands thereby causing the said Akanisi Like actual bodily harm.

When the charges were read out and explained to you, you informed the Court that you understood it and then on your own free you pleaded guilty to the charge. The statement of facts was read out and you admitted the facts in Court. They were convicted as per the charge by the Court.

The Maximum

The offence of Assault is described in section 275 of the Crimes Decree 2009 and it carries a maximum penalty of 5 years imprisonment.
The Tariff

The tariff for assault is from suspended to 9 months imprisonment.

The Mitigating Factors

You are 34 years and married with 2 children. Seeking forgiveness, you stated will not re-offend. A first offender and pleaded guilty on first available opportunity. Seeking forgiveness and leniency. Expressed remorse. The Court has also noted your written mitigation following your remand.

The Sentence

The actions of the accused are not condoned. The Court notes the tariff of the offence and the circumstances of the offending.

The Court takes a starting point of 18 months. For the guilty plea, mitigation and time spent in custody this court gives 6 months discount. The sentence for the 1^st accused for count one is 12 months imprisonment.

This Court has carefully weighed all the information that is before it. The guilty plea of the accused person. Previous good character and the circumstances of the offending and for this reason the court will suspend the sentences of the accused persons. You have spent over two months in custody you need to rehabilitate yourself and be a better parent. The suspended sentence is to give you a chance to turn your life around. The Court will impose a domestic violence restraining order to protect the victim and the meaning and the effect of the order is explained to the accused person in Court.

Summary of the Sentence

– 12 months suspended for 18 months.

- DVRO to protect the victim

Right to appeal.

Chaitanya Lakshman
Resident Magistrate
13^th May 2016