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State v Chand [2015] FJMC 77; Criminal Case 547.2014 (8 July 2015)

IN THE MAGISTRATE'S COURT AT LABASA
CRIMINAL JURISDICTION

Criminal Case No. 547 of 2014

STATE

V

ASHNEEL VINAY CHAND

Prosecution: PC Nilesh
Accused: Sharma. S
Sentence: 8 July 2015

SENTENCE

1. The Accused, Ashneel Vinay Chands charged for Assault Causing Actual Bodily Harm, contrary to section 275 of the Crimes Decree No. 44 of 2009. The particulars of the offence is that the Accused on the 27th day of December 2014, at Labasa, in the Northern Division, assaulted Radhika Cynthia Sharma thereby causing her actual bodily harm.
   

2. The victim in this case is the wife of the Accused. The Court issued an Interim Domestic Violation Restraining Order with Standard Non Molestation condition under section 27 of the Domestic Violence Decree 2009 on 9 December 2014.

3. The Accused pleaded guilty to the charge on 25th February 2015, and I find the plea to be unequivocal.

4. The facts of the case is that on 27 December 2014, at Tuatua, Labasa the Victim was assaulted by the Accused. On that day the Accused came home drunk. The Victim questioned the Accused as to where he had been. Upon argument the Accused slapped the Victim several times on the face and punched her causing her injury.

5. The Accused admitted the summary of facts and was convicted as charged. The Defence Counsel informed the Court that the Accused and the Victim are husband and wife and they have reconciled and lived together again. The Victim was called and confirmed the reconciliation on oath and I find that the reconciliation is genuine and the Victim has confirmed that she has forgiven the Accused and the Accused has undergoing anger counselling and has reformed himself.

6. The Defence Counsel submit oral mitigation on 25 February 2015, and later filed written mitigation and sentence submission on 22 April 2015.

7. The maximum penalty for this offence is 5 years imprisonment. The tariff ranges from suspended sentence to 18 months imprisonment.

8. In this case, the starting point is 9 months imprisonment, I added 6 months for the aggravating factors making a total of 15 months. I reduce 5 months for your guilty plea making a total of 10 months imprisonment. I further reduce 6 months for your mitigation making a total of 4 months imprisonment.

9. Your final sentence is 4 months imprisonment if a conviction is recorded. This is an appropriate case for suspended sentence if a conviction is recorded.

10. In your written mitigation and sentence submission you ask this court to exercise its powers and discretion under section 16(1) of the Sentence and Penalties Decree 2009 and not to record a conviction as conviction will affect your current employment as a Meter Reader with the Fiji Electricity Authority.

11. When considering all the circumstances of this case, including the impact of a conviction on you and your family's economic and social wellbeing and your employment, I find that this is an appropriate case where I have to exercise my discretion under section 15(1)(f) of the Sentence and Penalty Decree 2009.

12. In sentencing the Accused, I record a no conviction in this case and for the Accused to pay a fine of $200.00 within 28 days.

13. In addition, I issue a permanent Domestic Violence Restraining Order with Standard Non-Molestation Condition under section 27 of Domestic Violence Decree 2009, against the Accused for the protection of the Victim who is your wife.

28 days Appeal.

Cama M.Tuberi
RESIDENT MAGISTRATE