IN THE HIGH COURT OF FIJI
AT SUVA
CRIMINAL JURISDICTION

Crim. Case No: HAC 188 of 2020

        STATE

            vs.

                         NAREN PRASAD

Counsel:			Ms. S. Tivao for the State  
				Ms. S. Prakash for Accused
				
Date of Hearing:		01st to 2nd February 2022
Date of Closing Submission:	03rd February 2022
Date of Judgment:		15th February 2022
Date of Sentence:		18th February 2022

SENTENCE

1.	Mr. Naren Prasad, you stand convicted for Assault Causing Actual Bodily Harm, contrary to Section 275 of the Crimes Act which carries a maximum sentence of five years imprisonment. 

2.	It was proved that you had pulled the Complainant to the sofa and then pressed her chest with your hand, causing her bodily harm on the 26th of June 2020. The Complainant is your wife. There was a verbal argument between you and the Complainant regarding the property that belonged to you on that day before this incident. 

3.	There are a few approaches in setting the tariff for the Assault Causing Actual Bodily Harm. In State v. Tugalala (2008) FJHC 78; HAC 025/2008S the High Court found the tariff for Assault Causing Actual Bodily Harm ranges from an absolute or conditional discharge to 12 months imprisonment. In State v Qalobula - Sentence [2020] FJHC 255; HAC100.2018 (the 3rd of April 2020), Hamza J had found the tariff is 3 months to 12 months imprisonment. Aluthge J in State v Kumar - Sentence [2019] FJHC 544; HAC46.2019 (the 22nd of May 2019) found that the tariff for the offence of Assault Causing Actual Bodily Harm, when committed in a domestic setting, ranging from 6 months to 18 months. 

4.	This is a crime committed within the dementing setting. You have not used any weapons or a greater amount of force in committing this crime. However, you have breached the trust that the Complainant had in you as her husband by committing this crime.

5.	You are a first offender hence, you are entitled to a substantive discount. 

6.	Considering these reasons, I sentence you to 6 months imprisonment for this offence of Assault Causing Actual Bodily Harm contrary to Section 275 of the Crimes Act. Having considered your age, your previous good character and the level of harm in this offending, I suspend your sentence for a period of two years. 

7.	If you commit any crime during the period of 2 years and are found guilty by the Court, you are liable to be charged and prosecuted for an offence pursuant to Section 28 of the Sentencing and Penalties Act. 

8.	Since this incident involves domestic violence, I am satisfied that there are sufficient grounds to consider making an order under the Domestic Violence Act. I accordingly make a Permanent Domestic Violence Restraining Order against you with standard non-molestation conditions and no contact conditions pursuant to Sections 24 and 28 of the Domestic Violence Act. The above Domestic Violence Restraining Order will be in force until this Court or any other competent Court is varied or suspends it. Furthermore, if you breached this restraining order, you will be charged and prosecuted for an offence pursuant to Section 77 of the Domestic Violence Act. 

9.	Thirty (30) days to appeal to the Fiji Court of Appeal.

…………………………………………..
 Hon. Mr. Justice R.D.R.T. Rajasinghe

At Suva
18th February 2022

Solicitors
Office of the Director of Public Prosecutions for the State.
Office of the Legal Aid Commission for the Accused.