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State v Turagabeci - Sentence [2016] FJMC 10; Criminal Case 202.2016 (2 February 2016)

IN THE MAGISTRATES' COURT OF FIJI
AT SUVA

Criminal Case No: - 202/2016

STATE

V

SEMESA TURAGABECI

For the Prosecution : PC Josuha
The Accused : In person
Date of Sentence : 02nd of February 2016

SENTENCE

1. SEMESA TURAGABECI, you were charged in this Court to one count of Breach of Domestic Violence Restraining Order contrary to section 77(1) of the Domestic Violence Decree of 2009.
   
2. You pleaded guilty for this charge and also admitted the summary of facts. According to the facts on 10/01/2016 whilst your ex-wife was having few drinks with her friends you went to her and told her "iko rere!, a, iko rere! Cava o rerevaka?" meaning "you afraid! Ah, you afraid! What are you afraid off?". At that time there was a permanent domestic violence restraining order with non-contact in her favor which you breached by your action.
   
3. I am satisfied that you fully understood your plea and this was made on your own free will and therefore convict you for this offence.
   

The Law and the Tariff

4. The maximum penalty for Breach of DVRO of a person who has convicted previously for similar offence is $2000/12 months imprisonment.
   
5. There is no fixed tariff for this offence. Therefore considering the gravity of offending, I select 05 months imprisonment as the starting point of your sentence.
   

Aggravating Factors

6. You committed this offence whilst you are on a suspended sentence. Since you have not been charged for that I would consider that as an aggravating factor in this case. For that I add 02 months to reach 07 month imprisonment.
   

Mitigating Factors

7. You are married with a child and seek forgiveness. For these I deduct 01 month to reach 06 months imprisonment.
   
8. For pleading guilty at the first available opportunity I deduct 1/3 to reach 04 months imprisonment.
   
9. Even though you were given chances to reform previously by courts I note that you have not learned from that. You further told this Court that you saw your ex-wife was talking with a man in the club and that was the reason you went to talk to her.
   
10. But you have to remember that she is your ex-wife and has freedom to associate with anyone she likes. Therefore your behavior needs to be denounced.
    
11. But considering how the order was breached I believe full custodial sentence is not appropriate also. Accordingly for the purposes of deterrence and rehabilitation I partly suspended your sentence.
    
12. You have to serve 02 months in correction center and remaining 02 months will be suspended for 03 years after you completed your sentence.
    
13. If you commit any offences during the operational period of your suspended sentence you can be charged under section 28 of the Sentencing and Penalties Decree.
    
14. 28 days to appeal
    

Shageeth Somaratne
Resident Magistrate