IN   THE MAGISTRATES’   COURT OF FIJI
AT SUVA   
Criminal Case No: - 1575/2016      
       STATE
V
		                                  GULZAR ALI 
                                                SHAMAL SANGEAT SHARMA         
         For the Prosecution: WPC Fisher    
         Both Accused: In persons.          
         Date of Sentence   : 21st of September 2016  
SENTENCE
1.	GULZAR ALI, SHAMAL SHARMA you both pleaded guilty to one count of Assault Occasioning Actual Bodily Harm contrary to section 275 of the Crimes Decree.
2.	According to admitted summary of facts, on 10/09/2016 after a dispute about an extra-marital affair you both assaulted the complainant causing him injuries. It was suspected that the complainant was having an affair with the wife of the 1st accused which led to this assault. 
3.	I am satisfied that your pleas were voluntarily and unequivocal and convict you both for this offence.  
4.	The maximum penalty for Assault Occasioning Actual Bodily Harm is 05 years imprisonment. 
5.	The tariff for “Assault Occasioning Actual Bodily Harm ” ranges from a suspended sentence where there is a degree of provocation and no weapon used, to 9 months  imprisonment or the more serious cases of assault .( State v  Anjula Devi Criminal Case No. 4 of 1998 Lab).
6.	Considering the gravity of offending and the culpability, I select 06 months as the starting point for this offence.   
7.	There are no aggravating factors. 
8.	In mitigating you both submitted the following grounds:  
  1st accused 

a.	34 years  old;
b.	Married with a small daughter;
c.	Seeking forgiveness;
d.	First offender. 
2nd accused 
a.	22 years old;
b.	First offender;
c.	Seeking forgiveness. 
9.	For these mitigating factors I deduct 02 months to reach 04 months imprisonment. 
10.	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. 
11.	In this case giving full credit for early guilty plea I deduct 1/3 to reach 02 months imprisonment for both accused. 
12.	Considering the past good behavior and early guilty pleas of both accused and allowing a chance to rehabilitate I suspend this sentence to 01 year. 
13.	If you commit any offences during next 01 year you can be charged under section 28 of the Sentencing and Penalties Decree. 
14.	28 days to appeal 
    
Shageeth Somaratne
Resident Magistrate