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State v Amato [2017] FJMC 31; Criminal Case 339.2015 (3 March 2017)

IN THE MAGISTRATE’S COURT AT SAVUSAVU

CRIMINAL JURISDICTION

Criminal Case No. 339 of 2015

STATE

v

SEREMAIA AMATO

For the Prosecution : Ms Elo. W

For the Accused : Mr Rakaria. I

Judgment : 3 March 2017

SENTENCE

1. The Accused, Seremaia Amato you are before this court for sentence on one count of Act Intended To Cause Grievous Harm.
   
2. On 21 June 2016, you change your plea and pleaded guilty to the charge in the presence of your counsel. I find your plea to be unequivocal.
   
3. The brief summary of facts are;-

“On 18 November 2015, at about 12 noon, Atalemo Tiukidia (Victim) was in his farm at Qaratevuka, Nadavai village when he saw the accused and another cleaning a portion of his farm. The victim approached the two and questioned them as to why they were there cleaning his farm. A heated argument arose between them and the accused hit the victim’s left arm and head with a stick. The victim sustained injuries.”

4. You admitted to the summary of facts on 21 June 2016 and you were convicted as charged.
   
5. The maximum penalty for the offence of Act Intended to Cause Grievous Harm is life imprisonment. The tariff is from 6 months to 5 years imprisonment.
   
6. The aggravating factors are:-
   • (i) Using of weapon (stick).
   • (ii) Weapon was used to strike the victim twice.
   • (iii) Injuries suffered by the victim.
     
7. The mitigating factors are:-
   • (i) 40 years old, married with 7 children.
   • (ii) First offender and previous good character.
   • (iii) Remorseful and seek forgiveness.
     
8. The starting point for using of weapon is 2 to 5 years depending on the weapon used. The weapon used in this case was a stick. I pick 2 years as my starting point.
   
9. I add 1 year for the aggravating factors and that increase your sentence to 3 years imprisonment. I reduce 1 year for the mitigating factors and that reduce your sentence by 2 years imprisonment. I further reduce your sentence by 4 months for your guilty plea and that reduce your sentence to 1 year and 8 months.
   
10. Your sentence stands at 1 year and 8 months. I now reduce your sentence by 2 weeks to reflect the period in which you were in remand. That reduce your sentence to 1 year, 7 months, and 2 weeks.
    
11. Your final sentence is 1 year, 7 months, and 2 weeks imprisonment.
    
12. In your mitigation you asked for a non-custodial sentence and request for a suspended sentence. Considering the seriousness of the offence as it is categorised by the Crime Act to be an indictable offence, I find that this is not an appropriate case for suspended sentence. I therefore order that you are to serve your sentence immediately.
    

28 days to appeal

C. M. Tuberi

RESIDENT MAGISTRATE