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State v Usa [2017] FJMC 78; Criminal Case 28 of 2017 (14 June 2017)

IN THE MAGISTRATES’ COURT OF FIJI

AT LEVUKA

Criminal Case No: - 28/2017

STATE

V

NOA USA

For the Prosecution : - Sgt.Rao

For the Accused : - Mr.Varinasi (LAC)

Date of Sentence: - 14^th of June 2017

SENTENCE

1. NOA USA, you pleaded guilty this morning to one count of Criminal Intimidation contrary to section 375(1) (a) (2) (a) of the Crimes Act No 44 of 2009.
2. You also admitted that on 21^st March 2017 after an argument with the complainant, you threatened him with a knife.
3. I am satisfied that your plea was made voluntarily and unequivocal. Accordingly I convict you for this charge.
4. Maximum penalty criminal Intimidation under the Crimes Act is 10 years imprisonment.
5. In State V Baleinabodou[2012]FJHC 981 his Lordship Justice Temo said that the accepted tariff would be from 12 months to 04 years for the Criminal Intimidation.
6. In Laisiasa Koroivuki v the State ( Criminal Appeal AAU 0018 of 2010) his Lordship Justice Goundar discussed the guiding principles for determining the starting point in sentencing and observed "In selecting a starting point, the court must have regard to an objective seriousness of the offence. No reference should be made to the mitigating and aggravating factors at this time. As a matter of good practice, the starting point should be picked from the lower or middle range of the tariff. After adjusting for the mitigating and aggravating factors, the final term should fall within the tariff. If the final term falls either below or higher than the tariff, then the sentencing court should provide reasons why the sentence is outside the range".
7. Considering the objective seriousness, I select 16 months as the starting point for this sentence.
8. The aggravating factor is using a knife for this offence and for that I add 06 months to reach 22 months imprisonment.
9. The mitigating factors as submitted by the learned legal aid counsel are 69 years old, farmer, first offender and seeking forgiveness and for these I deduct 04 months to reach 18 months imprisonment.
10. For pleading guilty at the first available opportunity I deduct 1/3 to reach 12 months imprisonment.
11. Now I have to consider about suspending your sentence pursuant to section 26(2) (b) of the Sentencing and Penalties Act.
12. Considering your early guilty plea, past good behavior and other mitigating factors, I believe a non-custodial sentence is suitable in this case.
13. Accordingly I suspend your sentence to 03 years.
14. If you commit any offences during next 03 years, you can be charge under section 28 of the Sentencing and Penalties Act.
15. 28 days to appeal.
    

Shageeth Somaratne

Resident Magistrate