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State v Chand [2013] FJMC 62; Criminal Case 50.2013 (4 February 2013)

IN THE RESIDENT MAGISTRATE'S COURT AT NAVUA

Criminal Case No: - 50/2013

STATE

V

EDWIN CHAND

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

SENTENCE

1. EDWIN CHAND, you were charged for the offence of Assault Occasioning Actual Bodily Harm contrary to section 275 of the Crimes Decree.
2. You waived right to legal counsel and pleaded guilty for the charge. You also admitted the summary of facts presented by the prosecution.
   
3. According to the summary of facts on 23/12/2012 at Calia, Navua you assaulted Sanjay Pal causing him injuries
   
4. This Court is satisfied about your plea and convicts you for the offence.
   

The Law and the Tariff

5. The maximum penalty for the offence of Assault Occasioning Actual Bodily Harm offence is 05 years imprisonment.
   
6. In State v Tugalala [2008] FJHC 78; her Ladyship Justice Shameem held that tariff for this offence is from absolute or conditional discharge to 12 months imprisonment.
   
7. Considering the facts in this case I take 06 months as the starting point for your sentence.
   

Aggravating Factors

8. You admitted you were drunk at that time. This will considered as an aggravating factor and I add 03 months to your sentence to reach 09 moths.
   

Mitigating Factors

9. You pleaded guilty on the first day and therefore are entitled for 1/3 reduction of your sentence. Now your sentence would be 06 months imprisonment.
   
10. You are 29 years old married with 02 children. You asked for forgiveness from this Court. For this mitigating factors I deduct 02 months from your sentence to reach 04 months imprisonment.
    
11. You are not a first offender and therefore not entitled for any discount for your past good behavior.
    
12. This Court is mindful that under section 26 (2) (b) of the Sentencing and Penalties Decree it can suspend a sentence which is below 02 years.
    
13. You saved Court's resources by pleading guilty at the first chance you got. You are married with 02 children. You are a not a first offender. But you have got only one previous conviction and that was committed in 2005. This Court has considered all these factors and believes you need to be given a chance to reform.
    
14. Therefore I sentence you to 04 months imprisonment for the Offence of Assault Occasioning Actual Bodily Harm and suspend that sentence for 02 years.
    
15. You have to be in good behavior during the next 02 year. If you commit any crime during that period you can be charged under section 28 of the Sentencing and Penalties Decree.
    
16. 28 days to appeal
    

04/02/2013

H.S.P.Somaratne
Resident Magistrate, Navua