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State v Reddy [2016] FJMC 230; Criminal Case 73.2014 (25 November 2016)

IN THE MAGISTRATE’S COURT AT SAVUSAVU

CRIMINAL JURISDICTION

Criminal Case No. 73 of 2014

STATE

v

SHELVIN SHAHIL REDDY

For the Prosecution : Sgt Naidu

For the Accused : Mr Ratule. K

Sentence : 25 November 2016

SENTENCE

1. The Accused, Shelvin Shahil Reddy, you stand before this court today to be sentenced after being found guilty after the trial for one count of Indecent Assault.
   
2. The court has find that on the 3^rd of April 2014, the Accused was a teacher at the Saint Paul’s Primary School and the victim (MK) as referred to in the judgment was a class 8 student in the same school. On that day during the Victim’s library class, the Victim was counselled with two other students by the Accused. She was called in last by the Accused for counselling. It was only the Accused and the Victim who were in the room when the Accused told the Victim three times to unbutton her school uniform. The Victim said that she cannot do it and she started crying. The Accused then told the Victim to spread her legs and to lift up her breasts and also told the Victim to take off her tights. The victim did not do it and the Accused stretched his hand and forcefully touched the victim’s breast and pressed the top of the victim’s breasts.”
   
3. The maximum penalty for the offence of Indecent Assault is 5 years imprisonment. The tariff is 12 months to 4 years imprisonment, depending on the nature of the assault.
   
4. The aggravating factors for your case are;-
   
   1. Breach of trust - Teacher and student relationship.
   2. Exploitation - Take advantage of your position in authority to exploit the victim.
   100. Take advantage of the vulnerability of the victim at the time of offence.
   4. Trauma that you instil in the victim’s life that will haunted her for the rest of her life.
      
5. The mitigating factors for your case are;
   1. First and young offender (24 years).
   2. Working as a school teacher and look after your elderly parents and siblings.
   100. Cooperated with the police.
   4. Seek the court leniency and ask for suspended sentence.
      
6. At the time of the offence, the Victim was 14 years old and you would be 22 years old. There is an age difference of 8 years. Considering the age difference, I pick 2 years and 6 months as my starting point for your sentence.
   
7. I add 2 years for the aggravating factors and that increase your sentence to 4 years and 6 months. I reduce 1 year and 6 months for your mitigation and that reduce your sentence to 2 years imprisonment.
   
8. Your final sentence is 2 years imprisonment. I have decided not to suspend your sentence on the need to protect the vulnerable members of the public like the Victim in this case. Immediate imprisonment term should act as a deterrent and also to send a strong message to the people who intend to commit similar offence today and in the future.
   
9. Shelvin Shahil Reddy, I now sentence you for the offence of Indecent Assault to 2 years imprisonment with a non-parole period of 12 months.
   

28 days to appeal

C. M. Tuberi

RESIDENT MAGISTRATE