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State v Diani [2012] FJMC 318; Criminal Case 291.2012 (26 November 2012)

IN THE RESIDENT MAGISTRATE’S COURT OF NAVUA

Criminal Case No: - 291/2012

STATE

V

NEVON JOSAIA DIANI

For Prosecution : - WPC Maria
Accused : - In person

SENTENCE

1. NEVON JOSAIA DIANI, you pleaded guilty for Assault Occasioning Actual Bodily Harm contrary to s. 275 of the Crime Decree No 44 of 2009 .
2. You also waived right to legal counsel and admitted the summary of facts read by the prosecution.
   
3. According to the summary of facts you stopped the victim’s vehicle on 09/09/2012 at Viwawa Road, Navua and assaulted him causing injuries. The medical report of the victim confirmed the injuries.
   
4. This court is satisfied about your plea and convicts you for the above offence.
   

The Law and the Tariff for Assault Occasioning Actual Bodily Harm

5. The maximum penalty for the offence is 05 years imprisonment.
   
6. In Sereka v State [2008] FJHC 88; HAM 027 it was held that the tariff for assault occasioning actual harm ranges from a suspended sentence where there is a degree of provocation and no weapon used, to 9 months imprisonment for the more serious cases of assault.
   
7. After considering the facts in this case I take 06 months as your starting point.
   
8. In this case there are no aggravating factors and therefore your sentence would stand at 06 months.
   
9. Following will be considered as mitigating factors in this case.
   
   1. Married with children
   2. Seeks forgiveness
   3. First offender.
      
10. Since you have pleaded guilty at the first available opportunity your sentence would be reduced by 1/3 (Akili Vilimone v State) to reach 04 months.
    
11. For other mitigating factors I reduce another 02 months. Now your final sentence would be 02 months imprisonment.
    
12. This court is mindful that under sec 26 (2) (b) of the Sentencing and Penalties Decree it can suspend a sentence which is below 02 years.
    
13. You are a first offender. You saved court's time by pleading guilty at the first chance you got. Also you have reconciled with the victim in the traditional Fijian manner. The court has considered all these factors and believes you should be given a chance to reform.
    
14. Therefore I sentence you to 02 months imprisonment and suspend that sentence for 01 year.
    
15. You have to be in good behavior during the next 01 year. If you commit any crime during that period you can be charged under s.28 of the Sentencing and Penalties Decree.
    
16. 28 days to appeal
    

26/11/2012

H.S.P.Somaratne
Resident Magistrate, Navua