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State v Taleviqamea [2016] FJMC 121; Criminal Case 164.2015 (26 August 2016)

IN THE MAGISTRATES’ COURT OF FIJI
AT TAVEUNI

Criminal Case No: - 164/2015

STATE

V

MARAVU TALEVIQAMEA

For the Prosecution: Cpl Seleni

For the Accused: Mr.Verebalavu (LAC)

Date of Sentence : 26^th of August 2016

SENTENCE

1. MARAVU TALEVIQAMEA, you pleaded guilty this morning to one count of Assault Occasioning Actual Bodily Harm contrary to section 275 of the Crimes Decree.
2. According to admitted summary of facts, on 05/10/2015 after a dispute about a medical certificate you punched the complainant left side of his face causing injuries.
3. I am satisfied that your plea was voluntarily and unequivocal and convict you for this offence.
4. The maximum penalty for Assault Occasioning Actual Bodily Harm is 05 years imprisonment.
5. The tariff for “Assault Occasioning Actual&Bodily Hily Harm &#822> ranges from a su a suspended sentence where there is a degree of provocation and no weapon used, to 9 months imprisonment or the more serious cases of .( atate v Anjeva Devi >Criminal Case No. 4 of 1998 Lab)
6. Considering the gravity of offending and yand your culpability, I select 05 months aths as the starting point for this offence.
7. There are no aggravating factors and in his mitigation the learned legal aid counsel submitted that you are 42 years old years old, married with 2 children and remorseful of your behavior. You have tried to reconcile but the complainant is not willing to accept that.
8. Even though you got previous convictions the last one was in 2006 and this shows you have been in good behavior for long time until this incident. You deserve some credit for that also.
9. For these mitigating factors I deduct 02 months to reach 03 months imprisonment.
10. In UK Guilty Plea guidelines of 2007, it has been held that when an accused pleaded guilty at the first available opportunity the reduction is 1/3 and after a trial date is set 1/4 recommended. But when an accused pleaded guilty at the door of the court or after the trial has started he maybe entitle for only 1/10 discount.
11. In this case giving full credit for early guilty plea I deduct 1/3 to reach 02 months imprisonment.
12. Considering your early guilty plea, good behavior for a long period and other personal mitigating factors the main focus of this sentence would be the allowing you a chance to rehabilitate.
13. I sentence you to 02 months imprisonment for the offence of Assault Occasioning Actual Bodily Harm contrary to section 275 of the Crimes Decree and suspend this for 02 years.
14. If you commit any offences during next 02 years you can be charged under section 28 of the Sentencing and Penalties Decree.
15. 28 days to appeal
    

Shageeth Somaratne