IN THE MAGISTRATE'S COURT
AT NAUSORI
IN THE REPUBLIC OF FIJI ISLANDS
Criminal Case No: 44/16

STATE
.v.
Semi Yavitanalagi

Prosecution : PC Abinash, Police Prosecutor.
Accused : In Person.

SENTENCE

Semi Yavitanalagi you have pleaded guilty to the following 4 counts:
Count One
Statement of offence [a]
 Indecent Assault : Contrary to Section 212 (1)  of the Crimes Decree Number 44 of 2009.
Particulars of Offence (b)
Semi Yavitanalagi between the 1st January and 31st January, 2016 at Naumi Settlement, Naivuruvuru, Verata, Tailevu in the Central Division, unlawfully and indecently assaulted T A.

Count Two
Statement of offence [a]
 Indecent Assault : Contrary to Section 212 (1) of the Crimes Decree Number 44 of 2009.
Particulars of Offence (b)
Semi Yavitanalagi between the 1st February and 29th February, 2016 at Naumi Settlement, Naivuruvuru, Verata, Tailevu in the Central Division, unlawfully and indecently assaulted T A.
Count Three
Statement of offence [a]
 Indecent Assault : Contrary to Section 212 (1) of the Crimes Decree Number 44 of 2009.
Particulars of Offence (b)
Semi Yavitanalagi between the 1st March and 31st March, 2016 at Naumi Settlement, Naivuruvuru, Verata, Tailevu in the Central Division, unlawfully and indecently assaulted T A.
Count Four
Statement of offence [a]
 Indecent Assault : Contrary to Section 212 (1) of the Crimes Decree Number 44 of 2009.
Particulars of Offence (b)
Semi Yavitanalagi between the 13th April and 14th April, 2016 at Naumi Settlement, Naivuruvuru, Verata, Tailevu in the Central Division, unlawfully and indecently assaulted T A.

Statement of Facts and Submissions
You chose to defend the case yourself having been given the opportunity to get legal representation. You have admitted the statement of facts for each of the counts as read out by the prosecutor. Your mitigation has been considered by the Court. 
The Court has noted your relationship with the victim (Step-father and Step-Daughter) and that you on each occasion hugged and fondled the breasts of the victim. 
Maximum Sentences
The maximum sentences for Indecent Assault  as per the Crimes Decree is 5 years imprisonment. 
The Tariff 
The tariff for "indecent assault" is a sentence between 1 to 4 years imprisonment. The more serious the  indecent assault , the higher will be the sentence: see Ratu Penioni Rakota v The State, Criminal Appeal No. HAA 0068 of 2002S, High Court, Suva; Sikeli Nayate v The State, Criminal Appeal No. HAA 46 of 2008, High Court, Suva.
Justice Shameem giving guidance on the tariff for  Indecent Assault  cases stated in Rokota v State (Supra) case:
"..........Sentences for  indecent assault  ranges from 12 months imprisonment to 4 years. The gravity of the offence will determine the starting point for the sentence. The  indecent assault  of small children reflects on the gravity of the offence. The nature of the assault, whether it was penetrative, whether gratuitous violence was used, whether weapons or other implements were used and the length of time over which the assaults were perpetrated, all reflect on the gravity of the offence. Mitigating factors might be the previous good character of the accused, honest attempts to effect apology and reparation to the victim, and a prompt plea of guilty which saves the victim the trauma of giving evidence.
These are the general principles which affect sentencing under Section 154 of the Penal Code. Generally, the sentence will fall within the tariff, although in particularly serious cases, a five year sentence may be appropriate. A non-custodial sentence will only be appropriate in cases where the ages of the victim and the accused are similar, and the assault of a non-penetrative and fleeting type. Because of the vast differences in different types of  indecent assault , it is difficult to refer to any more specific guidelines than these."
Starting Point, Mitigation, Aggravating factor
For each of the four counts this Court takes a starting Point of 12 months Imprisonment. For your guilty plea, your mitigation and the time you have spent in custody this court gives you 4 months discount. This Court takes as aggravating factor the breach of trust of the victim, your step-daughter and your wife. This Court increases your sentence by 2 months.
You are sentenced to 10 months imprisonment for each count. This Court finds that the offence you committed is calculated to take advantage of a vulnerable child while the mother is away. You did not respect the young child and breached the trust her mother placed in you in leaving her child with you. For this reason the Court will not suspend your sentence
You are sentenced to 10 months imprisonment for each count. The sentences are to be served concurrently. Due to your relationship the Court will impose a DVRO to protect the victim. You are to stay 100 metres away from the victim. (The meaning, contents and the implications of breach of DVRO to be explained to accused in open Court)

28 days to appeal.

Summary of Sentence:
Count 1 – 10 months imprisonment – 
Count 2 - 10 months imprisonment - Concurrent to count 1
Count 3- 10 months imprisonment - Concurrent to count 1 and 2
Count 4 - 10 months imprisonment - Concurrent to count 1, 2 and 3
DVRO in place to protect victim from accused. The Accused is to stay 100m away from victim.

Chaitanya Lakshman
Resident Magistrate
31st May 2016