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State v Uluinadi - Sentence [2025] FJMC 27; Criminal Case 632 of 2025 (9 July 2025)

IN THE MAGISTRATES’ COURT OF FIJI
AT NADI
[CRIMINAL JURISDICTION]

Criminal Case no: 632/2025

STATE
v.
JOVILISI ULUINADI

For Prosecution: Sgnt Vishal
For Defence: In Person
Date of sentence: 9th July, 2025

SENTENCE

Background

1. JOVILISI ULUINADI [hereinafter referred to as ‘Accused’] you were charged with one count of Assault causing actual bodily harm. The particulars of the charge is as follows:

Statement of Offence [a]

ASSAULT CAUSING ACTUAL BODILY HARM: Contrary to Section 275 of the Crimes Act of 2009.

Particulars of Offence [b]

JOVILISI ULUINADI on the 24^th day of May 2025 at Nadi in the Western Division, assaulted SOVAIA ROKOCOA thereby occasioning her actual bodily harm.

2. The complainant in this matter is your wife.
   
3. You preferred the Itaukei language. You received a full set of disclosures from the Prosecution. The charge was read, explained and understood to you. You pleaded guilty to the charger on your own free will.
   

Summary of Facts

4. The facts reveal that On the 24^th day of May 2025 at around 1100 hours (11pm) at Namotomoto, Nadi one Jovilisi Uluinadi (The accused), 30 years, Singer of Namotomoto, Nadi assaulted one Sovaia Rokocoa (A 1), 28 years, Accountant of Namotmoto, Nadi thereby causing her actual bodily harm.
   
5. On the above mentioned date, time and place (A 1) was sleeping at home when she woke up from hearing loud music in front of the house. (A 1) then went outside to ask (the accused) to lower the music whereby (the accused) then replied that there were only two bottles left. (A 1) then went back into the house. (A 1)’s sister in law could not sleep because of the loud music. (A 1) then went back outside and took the speaker. (A 1) could hear that they were still planning to buy more drinks. (The accused) then asked for the speaker back from (A 1) whereby (A 1) refused to give it because they would make more noise. (The accused) then went into the bedroom and took a shifter and hit (A 1) on her left leg. (He) turned off the lights and then (A 1) asked (the accused) to turn the lights where he then realized what he had done. However, the accused went back and continued drinking. The matter was reported to Nadi Police Station by (A 1).

Recovery:

- 1 x silver shifter (12-300 mm)

Specific Medical Findings

- Hematoma and swelling noted on the left leg 3 inches below.
- 4 x abrasion seen on left leg.

(The accused) was arrested then interviewed with caution interview whereby he admitted to the allegation in Q and A 53-54 and he was later charged for Assault causing Actual Bodily Harm.

6. You admitted to the Summary of Facts that was read to you.
   
7. Being satisfied with your guilty plea to the charge and your admission to the Summary of facts, the Court finds you guilty and convicts you accordingly.
   

MAXIMUM SENTENCE AND TARIFF

8. In terms of Section 275 of the Crimes Act “A person commits a summary offence if he or she commits an Assault Causing Actual Bodily Harm.” The prescribed penalty for this offence is a term of imprisonment for 5 years.
   
9. In the recent decision by Goundar J in State v Paula Gade Criminal Appeal No. HAA 031 of 2022 (30th of June 2023), the court noted that the tariff of domestic assault which was outlined in the case of Matai v State [2018] FJHC 25; Criminal Appeal 108.2017Ltk (26 January 2018) as being 6 months to 18 months imprisonment. In such cases, only in exceptional circumstances is a suspended sentence to be passed. Sending the convict back into the family home could well have perilous consequences. For a second offence of the same victim, a suspended sentence is inconceivable.
   

STARTING POINT

10. In determining the starting point within the said tariff, the Court of Appeal, in Laisiasa Koroivuki v State [2013] FJCA 15; AAU 0018 of 2010 (5 March 2013); has formulated the following guiding principles:

“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.”

11. Section 4 of the Sentencing and Penalties Act 2009 (“Sentencing and Penalties Act”) stipulates the purposes for which sentencing may be imposed by a Court; and sets out the relevant factors that a Court should take into account during the sentencing process.
    

Considering the objective seriousness of the offence I commence your sentence at 7 months’ imprisonment.

AGGRAVATING FACTORS

12. I find the following aggravating factors in this case:
    1. The offence is a domestic violence offence;
    2. There was no provocation from the complainant;
    3. The use of a weapon;
    4. You were intoxicated at the time of offence.

I add 8 months to the starting point count for the above mentioned aggravating factors.

MITIGATION SUBMISSIONS

13. You submitted the following mitigation submission:
    1. You are 30 years old;
    2. Married with 3 children;
    3. Serenade singer; Earn $280 per week.
    4. Seek courts forgiveness; (also reflected in your ROI)
    5. Remorseful;
    6. Seek another chance;
    7. Reconciled with the complainant;
    8. 1st offender;
    9. Promise you won’t reoffend.
       

I deduct 6 months for your mitigation.

GUILTY PLEA

14. Your guilty plea at the earliest opportunity has saved the Court and Prosecution’s time and resources to run a full hearing. So an appropriate discount will be deducted from the sentence. I deduct 3 months for your early guilty plea. Your sentence now stands at 6 months’ imprisonment.
    

REMAND PERIOD

15. You didn’t spend any time in remand and was granted bail on the first call date.
    

SUSPENSION

16. The Court is mindful of section 26 (2), (b) of the Sentencing and Penalties Act 2009 on suspended sentence where the sentence does not exceed 2 years’ imprisonment.
    
17. Case authorities now state that there must be exceptional circumstances that exist for the court to suspend the sentence, especially in a case of domestic violence.
    
18. You are a first-time offender who has taken responsibility for your actions by pleading guilty and expressing remorse. This is your first appearance before the Court for a criminal matter. However, the offence was committed while you were intoxicated, and despite causing injury to your wife with a silver shifter, you continued consuming alcohol without regard for her wellbeing. Domestic violence is a serious and prevalent issue in our community, frequently highlighted in the media. While the Court acknowledges the value of maintaining family unity, it must also reinforce that such conduct will not be tolerated. In the circumstances, a fully suspended sentence is not warranted.
    

SUMMARY

19. Accordingly, JOVILISI ULUINADI, I sentence you to an imprisonment sentence of 6 months’ imprisonment for one count of Assault causing actual bodily harm, you are to immediately serve 1-month imprisonment and the remainder of 5 months will be suspended for a period of 5 years.
    
20. If you commit any other offence within the next 5 years, your sentence may be activated pursuant to section 28 of the SPA 2009. Suspended sentence explained to the accused.
    
21. For the safety of the complainant, I also grant a permanent domestic violence restraining order with standard non-molestation conditions (section 27) for the protection and wellbeing of the complainant. Breach of the DVRO is an offence and you are reminded not to breach the conditions set on in the DVRO.
    
22. The silver shifter noted in the summary of facts can be returned to lawful owner.
    

28 days to appeal.

................................
Talei Kean
[Resident Magistrate]

9th July, 2025, Nadi MC