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

State v Vuniyacawa [2016] FJMC 38; Criminal Case 19.2016 (17 March 2016)

IN THE MAGISTRATES’ COURT OF FIJI
AT TAVEUNI

Criminal Case No: - 19/2016

STATE

V

ANA VUNIYACAWA

For the Prosecution: WPC Lani
For the Accused: Mr.Inia Rakaria(LAC)
Date of Sentence : 17th of March 2016

SENTENCE

1. ANA VUNIYACAWA , you were charged with one count of Assault Occasioning Actual Bodily Harm contrary to section 275 of the Crimes Decree.
   
2. You pleaded guilty this morning and also admitted the summary of facts. According to facts on 23/01/2016 when the victim approached her husband and asked him to go home, you interfered and punched her causing injuries as per medical report.
   
3. The learned defence counsel is asking for a non-conviction based on your employment (chef in a five star resort) and future employment.
   
4. It has been held that non-conviction would be given only for morally blameless people or technical breaches. You do not fall in to any of these categories and therefore I convict you for this offence.
   

The Law and the Tariff

5. The maximum penalty for Assault Occasioning Actual Bodily Harm is 05 years imprisonment.
   
6. In State vs Anjula Devi Criminal Case No. 4 of 1998 Lab, it was held that the tariff for “ Assault ioning Actual BodilBodily 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.
   
7. Considering the gravity of offending I select 07 months as the starting point for your sentence.
   

Aggravating factors

8. There are no aggravating factors and therefore I would not enhance your sentence.
   

Mitigating factors

9. The learned defence counsel submitted that you are a first offender and remorseful of your behavior. You married with 2 children. For these I deduct 03 months to reach 04 months imprisonment.
   

Guilty Plea

10. For pleading guilty at the first available opportunity following UK Sentencing Guidelines of 2007 as well as practice in Fiji I deduct 1/3 to reach 02 month imprisonment.
    
11. Finally considering your past good behavior and other mitigating factors I suspend this sentence to 01 year.
    
12. If you commit any offences during next 01 year you can be charged under section 28 of the Sentencing and Penalties Decree.
    
13. 28 days to appeal
    

Shageeth Somaratne
Resident Magistrate