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State v Kumar - Sentence [2014] FJMC 50; Criminal Case 100.2013 (31 March 2014)

IN THE MAGISTRATE COURT OF FIJI
AT TAVUA
CRIMINAL JURISDICTION

CRIMINAL CASE NO. 100/13

BETWEEN:

THE STATE

AND:

SANDEEP KUMAR

Prosecution: PC Dinesh
Accused: Mr Rosa

SENTENCE

1. Sandeep Kumar you pleaded guilty to the offence of Abduction of girl under age of 18 years contrary to section 211 of the Crimes Decree No. 44 of 2009.
   
2. The charge was read and explained and you pleaded guilty on your own free will. You also accepted the facts tendered by prosecution.
   
3. The Court therefore accepting that your guilty plea was unequivocal convicted you as charged.
   
4. According to the facts tendered by prosecution the accused (20yrs) is the step brother of complainant (born 24/10/1995). Complainant's father is married to accused mother. The complainant and accused were having a relationship for two years before the alleged incident. On 5/5/13 at 3am the accused went to Sigatoka and took the complainant with him without the consent of her mother.
   

When complainant's mother noticed that her daughter was missing and that accused was nowhere to be seen, a report was then made to police. Upon relevant enquiries the accused and complainant were located at Cuvu Sigatoka and complainant was brought back to Tavua.

The accused was cautioned interviewed and admitted the offence to police. Accused was then charged accordingly.

5. Mr Rosa mitigated on your behalf and I consider the following in your favor:
   
   • You've a first offender.
   • You pleaded guilty and saved time.
   • You've remorseful.
   • You were in a relationship with the complainant.
     
6. Abduction under section 211 of the Crimes Decree carries a maximum imprisonment sentence of 5 years.
   
7. There is no established guideline as to the appropriate tariff therefore I choose a suspended term to 2 years imprisonment as being the appropriate tariff.
   
8. In considering the circumstances of the offending in this case, I commence your sentence at 12 months.
   
9. Apart from the elements of the offence, the only aggravating factor is that offence of this nature is prevalent in society. I will increase your sentence to 1 month. Your sentence is therefore 13 months imprisonment.
   
10. For the mitigation, including your remorse and this being your first offence I reduce the sentence by 3 months. I give a further reduction of 4 months for the early guilty plea.
    
11. Your final sentence is now 6 months imprisonment.
    
12. You have no previous convictions and you were having a relationship with the complainant and neither did she suffer any form of abuse. In the courts opinion a suspended sentence would be appropriate in the case.
    
13. I therefore order that your sentence of 6 months imprisonment be suspended for 2 years. If you commit any offence within the operational period of 2 years, you'll be further charged for breaching this suspension order and if convicted, you'll be made to serve the 6 months with any other punishment imposed in that new offence.
    
14. 28 days to appeal.
    

Samuela Qica
Resident Magistrate

31st March 2014