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State v Devi [2014] FJMC 27; Criminal Case 170.2013 (24 February 2014)

IN THE MAGISTRATE COURT OF FIJI
AT TAVUA
CRIMINAL JURISDICTION

CRIMINAL CASE NO. 170/13

BETWEEN:

THE STATE

AND:

ANITA DEVI

Prosecution: PC Nitesh
Accused: In Person

SENTENCE

1. Anita Devi you were charged for the offence of Indecently Annoying Any Person contrary to section 213(1)(a) of the Crimes Decree No. 44 of 2009.
   
2. You waived your right to counsel and pleaded guilty voluntarily to the charge. You also admitted the fact's tendered to court.
   
3. The Court being satisfied that your guilty plea was unequivocal convicted you as charged.
   
4. On 23rd May 2013 at 1.30pm at Masimasi Vatukoula the complainant one Ashni Ashika Devi, 32yrs had an argument with her husband. You were related to complainant's husband and as neighbor you heard the two quarreling. From your place you then uttered the words "bajaru" meaning bitch to the complainant which she heard. Complainant got very annoyed and reported you to police.

You were arrested and interviewed under caution. You were then charged for the alleged offence.

5. Your mitigated and I take the following in your favor:
   • Guilty plea.
   • 1st offender.
     
6. I consider the aggravating feature in this case as:
   • Breach of trust.
   • Lack of provocation.
     
7. The offence of Indecently Annoying any person carries a maximum imprisonment term of 1 year. The tariff in my view would range from between 1 to 6 months imprisonment depending on the circumstances of the case.
   
8. Considering the circumstances of offending I commence your sentence at 6 months.
   
9. For the aggravating factors I increase your sentence by 2 months. Your sentence is 8 months.
   
10. For the mitigating factors and this being your first offence I reduce your sentence by 2 months. For your guilty plea I further reduce your sentence by 2 months. Thus your final sentence is now 4 months.
    
11. I now consider whether your sentence should be suspended. You have a good background hence it would be appropriate to give you an opportunity to reform yourself. Your sentence will therefore be suspended.
    
12. I therefore order that your sentence of 4 months be suspended for 2 years. If you commit any offence within the operational period, you'll be further charged for breaching this suspension order and if convicted, you'll be made to serve the 4 months with any other punishment imposed in that new offence.
    
13. 28 days to appeal.
    

Samuela Qica
Resident Magistrate

24th February 2014