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State v Vakadranu [2016] FJMC 209; Criminal Case 106.2015 (4 October 2016)

IN THE MAGISTRATE'S COURT
AT TAILEVU
IN THE REPUBLIC OF FIJI ISLANDS

Criminal Case No: 106/15

STATE

.v.

IOWANE VAKADRANU

Prosecution : Sgt Rao, Police Prosecutor.
Accused : Present – Mr S. Tinavata.

SENTENCE

Iowane Vakadranu this Court has found you guilty following a hearing of the following 2 counts:

Count One

Statement of offence [a]

Indecent Assault : Contrary to Sectio (112 (1) of the Crimes Decree Number 44 of 2009.

Particulars of Offence (b)

Iowane Vakadranu between the 1^st day of June 2014 and 31^st day oy 2014 at Veinuqa, Tailevu levu in the Central Division, unlawfully and indecently assaulted S.T by kissing her mouth and touching her breast.

Count Five

Statement of offence [a]

Indecent Assault: Contrary to Section 212 (1) of the Crimes Decree Number 44 of 2009.

Particulars of Offence (b)

Iowane Vakadranu on the 26^th day of September 2015 at Veinuqa, Tailevu in the Central Division, unlawfully and indecently assaulted M.R by touching her breast and her vagina.

Mitigation

Your written mitigation and sentencing submissions has been considered by the Court. Your mitigation states that you are 75 years old, married with 4 children, a pastor, and a first offender.

Maximum Sentences

The maximum sentences for Indecent Assault asthe Crimes Decree is 5 ye 5 years imprisonment.

The Tariff

The tariff for "indecent assault" is a nce between 1 to 4 years imprisonment. The more serious the indeassault, the high highehigher will be the sentence: see Ratu Penioni Rakota v The State, Criminal Appeal No. HAA 0068 of 2002S, High Court, Suva; Sikeli Nayate vhe State, Criminal Appe Appeal No. HAA 46 of 2008, High Court, Suva.

Justice Shameem giving guidance on the tariff for Indecent Assault cases stan Rokota v Stat State (Supra) case:

"..........Sentences for indecent assault& rang;ranges from 12 months imprisonment to 4 years. The gravity of the offence will determine the starting point for the sce. The indecent assault of smhildrflectslects on thon the gravity of the the offence. The nature of the assault, whether it was penetrative, whether gratuitous violence was used, whether weapons or other implements were used and the length of time over which the assaults were perpetrated, all reflect on the gravity of the offence. Mitigating factors might be the previous good character of the accused, honest attempts to effect apology and reparation to the victim, and a prompt plea of guilty which saves the victim the trauma of giving evidence.

These are the general principles which affect sentencing under Section 154 of the Penal Code. Generally, the sentence will fall within the tariff, although in particularly serious cases, a five year sentence may be appropriate. A non-custodial sentence will only be appropriate in cases where the ages of the victim and the accused are similar, and the assault of a non-penetrative and fleeting type. Because of the vast differences in different types of indecent assault , it is diffico refer to anto any more specific guidelines than these."

Starting Point, Mitigation, Aggravating factor

For each of the Cothis takes a starting Point of 18 months Imprisonmentnment. For. For your mitigation and the time you have spent in custody this court gives you 8 months discount. This Court takes as aggravating factor the breach of trust of the victims, who were church members and trusted you as a pastor. This Court increases your sentence by 2 months.

You are sentenced to 12 months imprisonment for each count. This Court finds that the offence you committed is calculated to take advantage of church attendees. You did not respect the ladies who trusted you as a Senior Pastor you distorted the biblical teaching to prey upon vulnerable ladies. For this reason the Court will not suspend your sentence

You are sentenced to 12 months imprisonment for each count. The sentences are to be served concurrently.

28 days to appeal.

Summary of Sentence:

Count 1 – 12 months imprisonment –

Count 5 - 12 months imprisonment - Concurrent to count 1

Chaitanya Lakshman

Resident Magistrate

4^th October 2016