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State v Mafutuna [2013] FJMC 425; Criminal Case 604.2010 (19 December 2013)

IN THE MAGISTRATE'S COURT
AT SUVA
IN THE REPUBLIC OF FIJI ISLANDS

Criminal Case No: 604/10

State

V

Aminio Rokotuivuna Mafutuna

Prosecution: Mr R Prakash (DPP's)
Accused: Present – Ms. L.M. Ratidara

Sentence

Introduction

Aminio Rokotuivuna Mafutuna was charged with 2 counts of defilement of girl between 13 years and 16 years, contrary to Section 156 (a) of the Penal Code (Count One) and Section 215 of the Crimes Decree (Count Two), respectively. The Court following a hearing found him guilty of the 2nd Count of Defilement. This Court will now sentence him for the 2nd Count of defilement.

The Maximum Sentence

The maximum sentence for the offence of defilement under Section 215 (1) is 10 years imprisonment.

The Tariffs

Justice Goundar stated in Kabaura HAC 117/2010S that the tariff for this offence is from a suspended sentence to four years imprisonment, suspended sentence reserved for cases of "virtuous friendship" offending while the higher side is for older offenders who abuse trust.

Aggravating and Mitigating Factors

The aggravating factors of the offending are:

(a) Accused knew that the complainant was under age ( under 16 years) and yet continued to have sexual intercourse with her.

(b) The accused was 27 years old and the victim 15 years and 5 months old (age gap of about 12 years).

The mitigating factors are:

(a) 30 years old (now)

(b) Married with 2 daughters.

(c) Farmer earning $100/week.

(d) Express remorse and seek forgiveness.

Starting Point and Calculation of sentence

This Court takes a starting point as 18 months and for the aggravating factors adds 4 months. This takes the sentence to 22 months. For the mitigating factors and his previous good character this Court gives the accused 6 months discount. This leaves the sentence at 16 months. The accused has spent 1 month in custody. That will be taken into account. The accused is sentenced to 15 months imprisonment.

The accused was mature and much older and not in a virtuous relationship therefore the issue of suspension of his sentence is out of the equation. The clear message for the members of the public and like-minded offenders is that the Courts will not be lenient with mature men who defile young girls. Custodial sentence will be handed to those who take advantage of young girl who are vulnerable. Lives of young and tender girls are destroyed by such reckless actions of shameless man.

15 months imprisonment.

28 days to appeal.

Chaitanya Lakshman
Resident Magistrate

19th December 2013.