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State v Masidali [2016] FJMC 8; Criminal Case 1229.2015 (2 February 2016)

IN THE MAGISTRATES' COURT OF FIJI
AT SUVA

Criminal Case No: - 1229/2015

STATE

V

MITIELI MASIDALI

For the Prosecution : -Sgt.Suli
For the Accused : - Ms.K.Vulimainadave (LAC)
Date of Sentence : 02nd of February 2016

SENTENCE

1. MITIELI MASIDALI, you were charged in this Court to one count of Indecently Annoying Person contrary to section 213(a) of the Crimes Decree.
   
2. On the day of hearing you changed the plea and pleaded guilty to this charge.
   
3. According to the facts you came home drunk and swore at your wife. You admitted these facts also.
   
4. I am satisfied that your plea was made on your free will and convict you for this offence.
   
5. Maximum sentence for Indecently Annoying Person is 01 year imprisonment.
   
6. And considering the gravity of offending I select 06 months as the starting point for your sentence.
   
7. Since this is a domestic violence offence I have considered section 4(3) of the Sentencing and Penalties Decree also.
   
8. Aggravating factors are breach of trust, you were drunk at that time and a child was present at the time of offence. For these aggravating factors I add 04 months to reach 10 months imprisonment.
   
9. Mitigating factors as submitted by the counsel are married with a child, sole bread winner, parties have reconciled and early guilty plea.
   
10. From these I would give less weight to the reconciliation. This is not a reconcilable offence and also considering the accused is the sole bread winner of the family I doubt the genuineness of the reconciliation also.
    
11. Also the accused pleaded guilty only on the hearing date and therefore I am not prepared to give any discount for that.
    
12. But for personal mitigating factors I deduct 01 month to reach 09 months imprisonment.
    
13. Pursuant to section 26(2) (b) of the Sentencing and Penalties Decree this Court has the power to suspend your sentence. Even though you are not a first offender and this is a serious offence due to domestic nature, I believe you need to be given a chance to rehabilitate. A custodial sentence would badly affect you and your family.
    
14. Therefore for the offence of Annoying Person I sentenced you to 09 months imprisonment and this would be suspended for 03 years.
    
15. If you commit any offences during next 03 years you can be charged under section 28 of the Sentencing and Penalties Decree.
    
16. Also identifying the complainant as a protected person I grant a permanent domestic violence order with standard non-molestation conditions.
    
17. 28 days to appeal.
    

Shageeth Somaratne
Resident Magistrate, Suva