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State v Bosoko [2013] FJMC 41; Criminal Case 771.2010 (29 January 2013)

IN THE MAGISTRATE'S COURT OF FIJI
WESTERN DIVISION
AT NADI

CRIMINAL JURISDICTION

CRIMINAL CASE NO: 771/10

THE STATE

V

JOSAIA BOSOKA

Sgt Naidu for prosecution
Accused in person

Date of Sentence: 24.01.2013.

SENTENCE

1. You, JOSAIA BOSOKA, were convicted after trial for one count of Burglary contrary to section 312 (3) (a) of the Crimes Decree and for one count of Indecent Assault contrary to section 212 (1) of the Crimes Decree No.44 of 2009.
   
2. Burglary under section 312 of the Crimes Decree is an indictable offence (which is triable summarily). You preferred to hold your trial at the Magistrate's Court.
   
3. On the early hours of 1st August 2010 you entered into the victim's house and licked her vagina after pulling her pants.
   
4. On that day you entered into the house of the victim, 20 years old and committed this offence while she was sleeping in the living room on the mat.
   
5. Home invasion, total disrespect of the law, abuse of the victim aggravated the offending.
   
6. In mitigation you told that you are 21 years old single and unemployed. You seek apology and leniency. You promised that you will not re-offend.
   
7. Burglary carries a maximum penalty of 13 years imprisonment under section 312 of the Crimes Decree. However the tariff for this offence is between 18 months and 3 years.
   
8. I therefore would select 18 months imprisonment for the offence of burglary. I increase by 5 months to reflect the above aggravating factors. I discount 8 months for the fact that you are a first offender and for mitigation. Your final sentence for burglary is 15 months imprisonment.
   
9. Indecent assault carries a maximum sentence of 5 years imprisonment under section 212 of the Crimes Decree. However, the tariff for the offence is between 12 months and 4 years imprisonment. I considering all fix your sentence at 12 months for the offence of indecent assault.
   
10. These sentences to run concurrently with each other hence you have to serve 15 months imprisonment.
    
11. However, I note that a sentence below 02 years could be suspended in terms of section 26-(2) (b) of the Sentencing and Penalties Decree 2009.
    
12. You are 21 years old. You have a family to look after. You are remorseful. You promised to court that you will not re-offend. You have a clean record.
    
13. The ages of the victim and the offender are similar and the assault has been non- penetrative and fleeting type. In the circumstances I suspend the sentence for a period of 03 years.
    
14. You must not re-offend during the operational period of the suspended sentence.
    
15. If you re-offend during the operational period of the suspended sentence of imprisonment, you are liable to be prosecuted under section 28-(1) of the Sentencing and Penalties Decree 2009.
    
16. Twenty eight (28) days to appeal.
    

ORDER

17. I make the following order:
    

(a) JOSAIA BOSOKA you are hereby sentenced to 15 months imprisonment suspended for 03 years from today;

.........................................
M H Mohamed Ajmeer
Resident Magistrate

Dated at Nadi this 24th day of January 2013.