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State v Aitcheson [2016] FJMC 9; Criminal Case 185.2016 (2 February 2016)

IN THE MAGISTRATES’ COURT OF FIJI
AT SUVA

Criminal Case No: -185/2016

STATE

V

HARRY GEORGE AITCHESON

For the prosecution: PC Joshua
The Accused: In person
Date of Sentence : 02nd of February 2016

SENTENCE

1. HARRY GEORGE AITCHESON, you pleaded guilty in this court to one count of Assault Occasioning Actual Bodily Harm contrary to section 275 of the Crimes Decree and one count of Damaging Property contrary to section 369(1) of the Crimes Decree.
   
2. You also admitted that on 25/12/2015 at about 07.30am whilst the complainant was dropping off two women you came and punched him and also damaged his taxi. The medical report shows that the victim received injuries to the face.
   
3. I am satisfied that you fully understand the consequences of your plea and therefore convict you for both offences.
   
4. The maximum penalty for Assault Causing Actual Bodily Harm is 05 years imprisonment.
   
5. In State v Tugalala [2008] FJHC 78; her Ladyship Justice Shameem held that tariff for this offence is from absolute or conditional discharge to 12 months imprisonment.
   
6. In “State vs Anjula Devi” Criminal Case No. 4 of 1998 Lab, it was held that the tariff for “ Assault&#Occasioning Actualctual Bodily H> ” ranges from a suspended sentence where there is a degree of provocation and no weapon used, to 9 months imprisonment or the serioses oault.
7. For the offence of Damaging Property the prescribed penalty is 02 years imprisonment. There is no fixed tariff for this offence.
   
8. Considering the gravity of offending, I select 05 months as starting point for each count. .
   
9. Aggravating factor is the victim is a public service transport provider and for that I add 03 months to reach 08 months for each count.
   
10. You are 24 years old married with a child and for that I deduct 01 month to reach 07 months imprisonment.
    
11. Since you are not a first offender you are not entitled for discount that would be given to person with good behavior.
    
12. Pleading guilty on the first date I deduct further 1/3 to reach 04 months imprisonment for each count. Considering the totality principle I order these to be concurrent.
    
13. Even though you are not a first offender for the purpose of reform I would suspended this sentence for 02 years.
    
14. If you commit any offences during next 02 years you can be charged under section 28 of the Sentencing and Penalties Decree.
    
15. 28 days to appeal
    

Shageeth Somaratne
Resident Magistrate