Home | Databases | WorldLII | Search | Feedback Magistrates Court of Fiji

State v Rao [2016] FJMC 234; Criminal Case 2060.2016 (16 December 2016)

IN THE MAGISTRATES’ COURT OF FIJI
AT SUVA

Criminal Case No: - 2060/2016

STATE

V

SAMSON SATISH RAO

For the Prosecution : Cpl Shaw

The Accused : In person

Date of Sentence : 16^thof December 2016

SENTENCE

1. SAMSON SATISH RAO, you were charged with three count of Assault Occasioning Actual Bodily Harm contrary to Section 275 of the Crimes Decree No 44 of 2009.
2. You pleaded guilty on 13^th December 2016 andadmitted the summary of facts presented by the prosecution.
3. According to the summary of facts on 11/12/2016 after an argument you strangled the neck of your wife. When the children tried to stop that, you pushed them and also slapped PW3 causing injuries as per medical report. All the victims received injuries.
4. I am satisfied that your plea was made voluntarily and unequivocal. Accordingly I convict you for these 3 counts.
5. The maximum penalty for Assault Occasioning Actual Bodily Harm is 05 years imprisonment.
6. In State v Tugalala[2008]FJHC 78; HAC025S.2008S (29 April 2008)her Ladyship justice Shameem said :

“The tariff for this offence appears to range from an absolute or conditional discharge to 12 months imprisonment.”

7. As for the starting point the UK Sentencing Guidelines states that offences committed in domestic context should be regarded as being no less serious than offences committed in a non-domestic context. Therefore the starting point should be same irrespective of whether the parties are known to each other.
8. In LaisiasaKoroivuki v the State ( Criminal Appeal AAU 0018 of 2010) his Lordship Justice Goundar discussed the guiding principles for determining the starting point in sentencing and observed :

"In selecting a starting point, the court must have regard to an objective seriousness of the offence. No reference should be made to the mitigating and aggravating factors at this time. As a matter of good practice, the starting point should be picked from the lower or middle range of the tariff. After adjusting for the mitigating and aggravating factors, the final term should fall within the tariff. If the final term falls either below or higher than the tariff, then the sentencing court should provide reasons why the sentence is outside the range".

9. Considering the objective seriousness of the offence and your culpability, I select 05 months as the starting point for each count.
10. In UK Sentencing Guidelines following are considered as aggravating factors in domestic violence cases :
    1. Abuse of trust and abuse of power ;
    2. Victim is particularly vulnerable ;
    100. Impact on children;
    4. Using contact arrangements with a child to instigate an offence ;
    5. A proven history of violence or threats by the offender in a domestic setting;
    6. history of disobedience to court orders;
    7. Victim forced to leave home.
11. When sentencing for a domestic violence a court in Fiji can consider the above aggravating factors and any other factors that would further aggravate the offence.
12. Section 4(3) of the Sentencing and Penalties Decree has to be considered also by a sentencing court in a domestic violence offence.
13. In this case I consider the following as aggravating factors :
    1. Abuse of trust and abuse of power;
    2. This is a domestic violence offence;
    100. The children were present when you committed these offences.
14. For these aggravating factors, I add 10 months to reach 15 months imprisonment for each count.
15. In UK Sentencing Guidelines the positive good character and provocation are considered as mitigating factors.
16. In this case the you submitted following as mitigating factors:
    1. 41 years old;
    2. Married with 6 children;
    100. First offender;
17. You also informed this Court that you have reconciled and the complainant was present and confirmed that. But she is unemployed and got 6 children. Hence in my view this reconciliation is not genuine and accordingly I disregard that. But for other mitigating factors I deduct 03 months to reach 12 months imprisonment.
18. You pleaded guilty at the earliest opportunity and for that I deduct 1/3 to reach 08 months imprisonment and considering totality principle order these to be concurrent.
19. Now I have to consider whether to suspend your sentence. You strangled your wife and unleashed violence against your children when they tried to stop that. Hence your behavior needs to be denounced. Also message needs to be given that the domestic violence is not acceptable in a civilized society and will be dealt with harsh sentences.
20. SAMSON SATISH RAO, I sentenced you to 08 months imprisonment for this charge.
21. For the safety victims, I also grant a permanent domestic violence restraining order with standard non-molestation conditions.
22. 28 days to appeal.

Shageeth Somaratne

Resident Magistrate