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State v Khan [2015] FJMC 145; Criminal Case 150.2014 (30 November 2015)

IN THE MAGISTRATE'S COURT
AT NAUSORI

IN THE REPUBLIC OF FIJI ISLANDS
Criminal Case No: 150/14

State

.V.

Mohammed Nazim Khan

Shaheen Begum

Prosecution : Ms Serukai for DPP

Accused : Present - Represented by Mr Shelvin Singh

Sentence

___________________________________________________

Introduction

The accused persons were initially charged with act with intent to cause grievous harm and abduction with intent to confine. This Court transferred the matter to the High Court as one of the Counts was indictable. The accused persons appeared in the High Court. The Prosecution reduced the charges in the High Court. The Charges are as follows:

Count One

Assault Causing Actual Bodily Harm, contrary to Section 275 (1) of Crimes Decree Number 44 of 2009.

Particulars of offence (b)

Mohammed Nazim Khan on the 13^th day of March, 2014, at Bau Road, Nadali, Nausori in the Central Division, assaulted Imran Shah with a piece of wood causing him actual bodily harm.

Count Two

Abducting with intent to confine a person, contrary to Section 281 of Crimes Decree Number 44 of 2009.

Mohammed Nazim Khan and Shabana Begum on the 13^th day of March, 2014, at Bau Road, Nadali, Nausori in the Central Division, abducted Imran Shah with intent that he be secretly and wrongfully confined.

When the charges were read out and explained to the accused, they informed the Court that they understood it and then on their own free they pleaded guilty to the charges. The statement of facts were read out and the accused persons admitted the facts in Court. They were convicted as per the charge by the Court.

The maximum

The offence of Assault is described in section 275 of the Crimes Decree 2009 and it carries a maximum 5 years imprisonment. For the second count of abducting with intent to confine the maximum is 7 years imprisonment.
The Tariff

The tariff for assault is from suspended to 9 months imprisonment. The High Court has stated that depending on the severity count two (abducting with intent to confine) should have tariff ranging between 18 months to 2 years.

The Mitigating Factors

1^st Accused

The accused is 29 years and married with 2 children. Teacher. Seeking forgiveness. A first offender and pleaded guilty on first available opportunity. Seeking forgiveness and leniency. Expressed remorse.

2^nd Accused

The accused is 28 years and married with 2 children. Domestic duties. Seeking forgiveness. A first offender and pleaded guilty on first available opportunity. Seeking forgiveness and leniency. Remorseful for her actions

The Sentence

The actions of the accused are not condoned. The Court notes the tariff of the offence and the circumstances of the offending.

For the 1^st accused for the 1^st count where the accused assaulted and inflicted injuries on the complainant the court takes a higher starting point than normally due to the injuries inflicted and severity of injuries. The Court takes a starting point of 24 months. For the guilty plea and mitigation this court gives 6 months discount. The sentence for the 1^st accused for count one is 18 months imprisonment.

For the second count this court takes 24 months as starting point for each accused and for the guilty plea and mitigation gives 6 months discount. The sentence for count two for each accused is 18 months imprisonment.

This Court has carefully weighed all the information that is before it. The guilty plea of the accused persons. Previous good characters and the circumstances of the offending and for this reason the court will suspend the sentences of the accused persons.

Summary of the Sentence

Accused One - Mohammed Nazim Khan

1^st count – 18 months suspended for 2 years.

2^nd Count – 18 months suspended for 2 years.

Concurrent

Accused Two - Shabana Begum

2^nd Count – 18 months suspended for 2 years.

Right to appeal.

Chaitanya Lakshman
Resident Magistrate
30^th November 2015