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State v Naitukibaka [2017] FJMC 77; Criminal Case 18 of 2017 (14 June 2017)

IN THE MAGISTRATES’ COURT OF FIJI
AT LEVUKA

Criminal Case No: - 18/2017

STATE

V

VILIAME NAITUKIBAKA

For the prosecution: Sgt.Rao

The accused: In person

Date of Sentence : 14^th of June 2017

SENTENCE

1. VILIAME NAITUKIBAKA, you were charged with one count of Assault Occasioning Actual Bodily Harm contrary to section 275 of the Crimes Act No 44 of 2009.
2. You pleaded guilty this morning and also admitted on 16^th January 2017 after an argument about some livestock, you punched the complainant in his face causing injuries as per medical report.
3. I am satisfied about your plea is voluntarily and unequivocal and convict you for this offence.
4. The maximum penalty for Assault Occasioning Actual Bodily Harm under the Crimes Act is 05 years imprisonment.
5. 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.”

6. In Laisiasa Koroivuki v the State [2013] FJCA 15; AAU0018.2010 (5 March 2013) 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 stage. 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."

7. Considering the objective seriousness, I select 05 months as the starting point for your sentence.
8. There are no aggravating factors and mitigating factors are you are 31 years old, married with 2 children and first offender. For these mitigating factors, I deduct 02 months to reach 03 months imprisonment.
9. You pleaded guilty at the earliest opportunity and for that I deduct 1/3 to reach 02 months imprisonment.
10. Now I have to consider whether to suspend this sentence pursuant to section 26(2) (b) of the Sentencing and Penalties Act.
11. Considering your past good behavior and other personal mitigating factors, I find a non-custodial sentence is suitable in this case to allow you the chance to rehabilitate.
12. Accordingly I sentenced you to 02 months imprisonment for this charge and suspend this imprisonment for 02 years.
13. If you commit any offences during next 02 years, you can be charged under section 28 of the Sentencing and Penalties Act.
14. 28 days to appeal.

Shageeth Somaratne

Resident Magistrate