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State v Chand [2012] FJMC 306; Criminal Case 975.12 (21 November 2012)

IN THE MAGISTRATE'S COURT AT SUVA

Criminal Case No. 975 of 2012

STATE

–v-

MOOL CHAND

For the State: WPC Fisher
For the Accused: Present

SENTENCE

1. MOOL CHAND, you have pleaded Guilty to the following Charge:

INDECENTLY INSULTING ANY PERSON: Contrary to Section 213 (1) (a) of the Crimes Decree Number 44 of 2009 and the Particulars of Offence is as follows;

On the 3rd day of June, 2012, at Samabula in the Central Division, with intent to insult the modesty of Anjani Prasad, uttered the words, "Bajaru", "Maichod" meaning "Bitch" and "Mother Fucker" intending that such words should be heard by ANANI PRASAD.

2. You were convicted of the charge on your own pleas of guilty.

3. The summary of facts of the case that was submitted by the prosecution and admitted by you is as follows;

"On 3rd day of June, 2012 at about 3.00pm at Lot 24 Namuka Street, Samabula, Anjani Prasad [PW-1], 44 years, domestic duties of Lot 24 Namuka Street, Samabula, was abused by Mool Chand [Accused], 47 years, self employed of Lot 24 Namuka Street, Samabula. [PW-1] and [Accused] are living in the same house but different flats. The [Accused] is [PW-1]'s brother in law. The [Accused] was drunk and swore at [PW-1] saying "Bajaru" meaning "Bitch" and "Maichod" meaning "Mother Fucker" which insulted [PW-1]. [PW-1] reported the matter at Samabula Police Station. The [Accused] was arrested by PC 3642 Josua Gagalia [PW-3], 25 years, Police Officer of Wailoku. The [Accused] was interviewed under caution by WPC 3811 Sulueti Naba [PW-4], 31 years, Police Officer of Nadera. The [Accused] did not admit to the allegation put to him."

4. I consider following mitigating factors which were brought before me in your oral mitigation. That you are; 47 years of age, married with 04 children, self employed and earns $150 per week, separated and looking after kids, remorseful, promises not to re-offend and already reconciled with the complainant.

5. Statutory Indication

Section 213 of Crimes Decree Number 44 of 2009 reads;

(1) A person commits a summary offence if he or she, intending to insult the modesty of any

person—

(a) utters any word, makes any sound or gesture, or exhibits any object, intending that such word or sound shall be heard, or that such gesture or object shall be seen, by the other person; or Maximum Penalty for the offence of Indecently Insulting Any Person Imprisonment for one year.

6. Aggravating Factors

There is no any special aggravating factor as your act consist the element of offence.

7. Sentence

I note that you have pleaded guilty at the date of hearing and you are remorseful. You have reconciled with the complainant which has confirmed by the complainant who was present in Court. I note that you have one live previous conviction. Considering all the circumstances of this case, and considering Sentencing Guidelines under section 4 (1) and (2) and General Sentencing Provisions under section 15(3) ) of the Sentencing and Penalties Decree now I proceed to consider an appropriate sentences on you.

In terms of section 15 (1) (f) of Sentencing and penalty Decree, a fine would suffice although your conviction will stand in. Accordingly, I. fine you $50.00 in default 05 days imprisonment period for the offence of Indecently Insulting Any Person: Contrary to Section 213 (1) (a) of the Crimes Decree Number 44 of 2009.

You have 28 days to pay. 28 days to appeal

Review: 19/12/12

..............................
Lakshika Fernando
Resident Magistrate

On this 21st day of November 2012.