Home | Databases | WorldLII | Search | Feedback Magistrates Court of Fiji

State v Sura - Sentence [2018] FJMC 114; Criminal Case 105 of 2017 (24 July 2018)

IN THE MAGISTRATES COURT OF FIJI AT TAVUA
CRIMINAL JURISDICTION

Criminal Case No: 105 - 2017
STATE
-v-
ALESI SURA

For Prosecution: Sgt Samy [ Police Prosecution ]

Accused: Ms Henao [ Legal Aid Commission ]

Date of Sentence: 24^th day of July 2018

SENTENCE

BACKGROUND

1. ALESI SURA, you are here to be sentenced upon pleading guilty to the following charge:
   

Statement of Offence

ASSAULT OCASSIONING ACTUAL BODILY HARM: Contrary to section 275 of the Crimes Act No: 44 of 2009.

Particulars of Offence

ALESI SURA on the 1^st day of April, 2017 at Tavua Town in the Western Division assaulted Lusiana Nasara thereby causing her actual bodily harm.

2. Having been satisfied that your guilty plea was voluntary and after you admitted the facts, I have found you guilty.
   
3. The victim here is a 24 year old female. She was said to be having an affair with your husband and was standing with your husband in town on the day in question. You came to her, punched her twice, pulled her hair and bit her right breast for 3 – 4 minutes.
   
4. When the victim was medically examined about an hour later, the medical officer observed that there was an abrasion to the victim’s chest, there was bruising to the right side of her chest, lacerations on her breast and there was redness and bruising surrounding her breast.
   
5. You were taken in by police and interviewed. You admitted the offence.
   
6. You have not spent any time in remand.
   
7. You are a first offender.
   
8. You are 24 years old, married and have a child. You have sought forgiveness from the victim
   

LAW

9. The maximum sentence that is imposable by law for the offence of assault occasioning actual bodily harm is up to 5 years imprisonment.
   

TARIFF

10. The sentencing tariff for assault occasioning actual bodily harm ranges between a suspended sentence to 9 months imprisonment depending on the degree of provocation and whether any weapon was used [ see for example Randipni Singh v The State HAA 13 of 2016 ( 17^th June 2016 ).
    

STARTING POINT

11. Considering the circumstance of your case, a 5 month imprisonment term is selected as a starting point.
    

AGGRAVATING FEATURE

12. Committing this offence in full view of the public makes it worse.
    
13. You also used your teeth to bite the victim.
    
14. Your sentence is increased by 4 months because of all these.
    
15. Your current sentence is 9 months imprisonment.
    

MITIGATION

16. If the victim was having an affair with your husband, this does not make what you did lawful. I accept though that you must have been really upset and the passion high at the time.
    
17. You sounded genuine to me when you were giving your mitigation.
    
18. Some consideration must also be taken for your past good character as well.
    
19. You have cooperated with police.
    
20. I accept that you have reconciled with the victim.
    
21. Altogether, your sentence is reduced by 3 months imprisonment.
    
22. Your current sentence is 6 months imprisonment.
    

GUILTY PLEA

23. You sentence is further reduced by 2 months for your guilty plea.
    
24. Your interim sentence stands at 4 months imprisonment.
    

SUSPENSION

25. I can suspend your 4 months imprisonment term either in whole or in part pursuant to section 26 ( 2 ) ( b ) of the Sentencing and Penalties Act 2009.
    
26. You must have been upset when seeing the victim with your husband.
    
27. But I must also be considerate of the violence occasioned in this case, the injuries sustained and that this was done in a public place.
    
28. Your circumstance must be balanced together with the above factors and other factors such as the need for deterrence and to show the community’s denunciation of this type of violence.
    

FINAL SENTENCE

29. I’m only inclined to suspend your 4 month imprisonment term in part.
    
30. You will serve 14 days imprisonment, effective immediately.
    
31. Your remaining 3 months and 2 weeks which is equivalent to 98 days will be suspended for 3 years.
    
32. If you commit any other offence within the next 3 years, your imprisonment term held in suspense may be activated.
    

[suspended term explained to the defendant]

33. In addition, I will order that the interim Domestic Violence Restraining Order [DVRO] with standard non-molestation and non-contact conditions which was imposed on you earlier on the 17^th of July 2018 in this case will be made final. This is to protect both your husband and the female victim.
    
34. If you breach any condition of this order, you may be charged for breach of DVRO.
    

[ Final DVRO explained to the defendant ]

35. 28 days to appeal.

.....................................
Lisiate T.V. Fotofili
Resident Magistrate

Dated at Tavua this 24^th day of July, 2018.