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State v Koroi [2013] FJMC 7; Criminal Case 1856.2012 (18 January 2013)

IN THE MAGISTRATE'S COURT OF THE FIJI
AT SUVA

CRIMINAL CASE NO: 1856/12

THE STATE

V

NAIPOTE KOROI

Prosecution : Sgt Jitendra, Police Prosecutor.
Accused : In person.

SENTENCE

1. Naipote Koroi, you were charged with the following offence:
   

Statement of Offence

Grievous Harm: contrary to section 258 of the Crimes Decree No 44 of 2009.

Particulars of Offence

Naipote Koroi, on 18th day of December 2012 at Suva in the Central Division unlawfully and maliciously did grievous harm to Karalaini Delaitoga.

2. The offence is an indictable offence which is also triable summarily. You opted for a Magistrate's Court trial. Further you waived the right to have a counsel in court.
   
3. On 20.12.2012 you pleaded 'Guilty' to the charge. The Court is satisfied that your plea is free from any influence. Accordingly the Court convicts you for the offence.
   
4. Following facts were established in the Summery of Facts presented by the prosecution. The victim of this case has been your girlfriend. She was 20 and shared a relationship with you.
   
5. This unfortunate incident occurred at around 11.00 pm in a Night Club at the city. You accompanied the victim to the Club and consumed drinks together. After some time she lost your attention. Later she asked to leave the place as you were more interested in other girls. Annoyed by this you threw a full bottle of stubby at victim's face coursing injuries.
   
6. Later a report was lodged and you were arrested by the police. You admitted the offence in your interview under caution.
   
7. The state submits the medical report of the victim as a part of their Summery of Facts. As per the medical report there was a 9 centimetre long laceration on the right side of the victim's head associated with multiple bruisers and a laceration on the face. She has further sustained with multiple injuries on the legs and hip area. The injury on the back of the head had been sutured by the doctors to prevent further infections. The medical opinion confirms that these injuries were caused by multiple assaults from both sharp and blunt force.
   
8. She was given antibiotics to minimise the possibility of a secondary infection. You admitted the aforesaid summary of facts.
   
9. Section 258 of the Crimes Decree 2009 states that any person commits an offence if he or she unlawfully and maliciously does grievous harm to another person. The interpretation Section 4 (1) of the Crimes Decree states 'Grievous harm' means any harm which—
   

(a) amounts to a maim or dangerous harm; or

(b) seriously or permanently injures health or which is likely so to injure health; or

(c) extends to permanent disfigurement, or to any permanent or serious injury to any external or internal organ, member or sense;

10. View of this Court is that the circumstances of this offence are covered under sub sections (a) and (b) of the interpretation section.
    
11. The maximum sentence for the offence is 15 years of imprisonment.
    

Tariff for the Offence

12. Hon. Justice Madigan in Patel v State [2011] FJHC 669; HAA030.2011 (27 October 2011) after considering Motukula Judgement [HAA 52/2003]identified the tariff for the offence of grievous harm as 2 to 6 years imprisonment.
    
13. In determining the appropriate starting point of the sentence, this Court has considered the need for deterrence against persons who may be similarly inclined to commit this offence. I have also considered the apparent ease with which persons seem to think that taking the law into their own hands is the way to settle their grievances.
    
14. Having considered the circumstances I take 2 years imprisonment as the starting point for this offence.
    

Aggravating Factors

15. The aggravating features of the offence are,
    
    1. The victim had been the partner of the accused. She was 20 years old. The victim was vulnerable due to her relationship;
       
    2. It appears that there was no provocation on the part of the victim, she only asked you to go back home;
       
    3. You have used a full stubby to assault the victim;
       
16. I increase your the sentence by another 2 years to reflect above aggravating factors. Now the sentence stands at 4 years imprisonment.
    

Mitigating Factors

17. Full allowance must be given for your progressive approach towards the matter to save Court's time and resources. A discount of 24 months is given for your early plea.
    
18. This will leave the sentence at 2 years imprisonment.
    
19. In mitigation you stated, you are 21 years old; first offender; looking forward to your career as a salesman; and you are now remorseful for what happened. I deduct further period of 6 months for your above personal circumstances. In this instance the sentence arrives at 1 ½ years imprisonment.
    
20. Sentencing and Penalties Decree 2009 provides provisions to suspend a sentence which is below 2 years. However the Court has to consider the status of dependents who have weaker bargaining power in relationships of this nature. They are forced by the circumstances to reconcile or forgive the offender as there is a greater threat on them to lose their way of life or future prospects.
    
21. Also the court is mindful on the repercussions of committing a first young offender to a prison with serious offenders. Rehabilitation will not always be served at general centers of correction. Therefore the Court notes impose of a suspended term is appropriate in the circumstances of this case.
    

Final Orders

22. Naipote Koroi, today you are sentenced to 1 ½ years imprisonment for the offence of "Grievous Harm". The sentence is suspended for a period of 3 years.
    
23. Further the Court issues a permanent domestic violence restraining order on you with standard non molestation conditions as per section 24(1)(b)(1) of the Domestic Violence Decree 2009 to ensure the wellbeing of the victim.
    
24. Any breach of the said orders during their operative period will be a ground for a separate prosecution against you.
    
25. 28 days to appeal.
    

Pronounced in open Court,

Yohan Liyanage
Resident Magistrate

18th January 2013