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State v Prasad [2013] FJMC 181; Criminal Case 58.2011 (3 May 2013)

IN THE RESIDENT MAGISTRATE'S COURT OF FIJI
AT NAVUA

Criminal Case No: - 58/2013

STATE

V

MAHESH PRASAD

For Prosecution : - WPC Maria
Accused : - In person

SENTENCE

1. MAHESH PRASAD, you were charged for the offence of Annoying Person, contrary to section 213(1) (a) of the Crimes Decree No 44 of 2009 as first count and for the offence of Common Assault contrary to section 375(1) (a) of the Crimes Decree No 44 of 2009 as second count.
   
2. You waived right to counsel and pleaded guilty for both counts. You also admitted the summary of facts presented by the prosecution.
   
3. According to the summary of facts both these offences were committed on 09 Dec 2012 at Waidradra, Navua. The victim in both these incidents is your wife and on that day you swore at her and later slapped her.
   
4. I am satisfied that your plea was made voluntarily without any threat or inducement and therefore convict you for both counts.
   
5. Maximum penalty for both these offences are one year imprisonment.
   
6. Aggravating factor for both counts are the victim is your wife making these domestic violence offences.
   
7. Mitigating factors are your early guilty plea, married with a kid, seeks forgiveness.
   
8. After considering the facts in this case I take my starting point as 06 months for both counts. For aggravating factors I add 03 months and for mitigating factors deduct 05 months. Now your final sentence would be 04 months imprisonment for both counts.
   
9. You have got only one conviction in 2008. Considering your early guilty plea as well as the nature of the offences I believe you should be given a chance to reform.
   
10. Accordingly you are sentenced to 04 months imprisonment for the offence of Annoying Person and 04 months imprisonment for the offence of Common Assault and both these will be suspended for 01 year.
    
11. Also a permanent domestic violence restraining order with standard non molestation condition is granted in favor of the victim.
    
12. 28 days to appeal
    

03 May 2013
H.S.P. Somaratne
Resident Magistrate, Navua