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State v Chand [2013] FJMC 60; Criminal Case 44.2013 (4 February 2013)

IN THE RESIDENT MAGISTRATE'S COURT AT NAVUA

Criminal Case No: - 44/2013

STATE

V

SHYMAL RANISH CHAND

For Prosecution : - Sgt. Lenaitasi
Accused : - In person

SENTENCE

1. SHYMAL RANISH CHAND, this is your sentence for the offence of Annoying Person contrary to section 213 (1) (a) of the Crimes Decree.
   
2. When the charge was first read, you waived right to legal counsel and pleaded guilty for this offence.
   
3. According to the summary of facts on 08/01/2013 you had an argument with the PW1 and swore at her with the words mentioned in the charge sheet. You admitted the above facts.
   
4. I am satisfied about your plea and convict you for offence.
   
5. For the offence of Annoying Person the maximum penalty is 01 year imprisonment.
   
6. Aggravating factor is that you were drunk when you committed this offence.
   
7. The following will be considered as mitigating factors in this case.
   
   1. First offender
      
   2. Early guilty plea
      
   100. Seek forgiveness
        
8. Considering the facts in this case I take 04 months as starting point. I add further 04 months for aggravating factors and deduct 03 months for mitigating factors. Now your final sentence will be 05 months imprisonment.
   
9. Considering the nature of the offence and your past good behavior I suspended your 05 months imprisonment to 01 year so you can have a chance to reform.
   
10. Therefore 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 section 28 of the Sentencing and Penalties Decree.
    
11. 28 days to appeal
    

04/02/2013

H.S.P.Somaratne
Resident Magistrate, Navua