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State v Magiti - Sentence [2017] FJMC 54; Criminal Case 20.2017 (25 April 2017)

IN THE MAGISTRATES’ COURT OF FIJI
AT TAVEUNI

Criminal Case No: - 20/2017

STATE

V

JOSEVA MAGITI

For the Prosecution : WPC Qolitabua

For the accused : Mr.Korotini(LAC)

Date of Sentence : 25^th of April 2017

SENTENCE

1. JOSEVA MAGITI , you pleaded guilty to one count of Burglary contrary to section 312(3) (a) of the Crimes Decree (“Decree”) No 44 of 2009 and one count of Indecent Assault contrary to section 212(1) of the Decree.
2. You also admitted on 05/02/2017 around 03.45 am you forcefully entered in to the house of the victim whilst she was sleeping and touched her breast and vagina and kissed her. You were drunk at that time and managed to enter in to the house after removing a louver blade from the window and opening the door from there.
3. I am satisfied that your plea was unequivocal and convict you for these offences.
4. The maximum penalty for Burglary under the Decree is 13 years imprisonment.
   
5. The tariff for this offence is between 18 months to 3 years. Tomasi Turuturuvesi v The State [2002] HAA 086 of 2002.
6. The maximum penalty for Indecent Assault is 10 years imprisonment.
7. The tariff was discussed in RT Penioni Rokota v State HAA 68/02S where her Ladyship Justice Shameem held :"Sentence for indecent assault range from 12 months imprisonments to 4 years. The gravity of the offence would determine the starting point for the sentence. A non custodial sentence will only be appropriate in cases where the ages of victim and the accused are similar and assault of a non-penetrative and fleeting type"
8. Considering the gravity of offending, I select 24 months as starting point for both counts.
9. The aggravating factors are these were committed in the night; the accused was drunk at that time and for these I add 06 months to reach 30 months for each count.
10. In mitigation your counsel submitted that you are a first offender, young offender and sole bread winner of the family. For these mitigating factors I deduct 06 months to reach 24 months imprisonment.
11. For pleading guilty early I deduct 1/3 to reach 18 months for each count and considering the one transaction rule made this concurrent.
12. You broke in to the home of the victim and indecently assaulted her whilst she was sleeping. I do not think even with your young age and past good behavior suspending this sentence is suitable. Women should be able to sleep in their homes without being fear of subject to these kinds of sexual assaults in the night. Hence the main purposes of this sentence are to denounce your behavior and to protect the women in this country from these kinds of incidents in future.
13. JOSEVA MAGITI, I sentence you to 18 months imprisonment for this charge.
14. 28 days to appeal.
    

Shageeth Somaratne

Resident Magistrate