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State v Daroko - Sentence [2024] FJMC 50; Criminal Case 48 of 2024 (31 July 2024)

IN THE MAGISTRATE’S COURT AT SIGATOKA

CRIMINAL DIVISION

Criminal Case No. 48/2024

The State –v- Simeli Daroko

For the State: PC Kamea

For the Accused: In person

SENTENCE

You have been convicted as charged for one count of Unlawful Wounding contrary to section 261 of the Crimes Act 2009 and one count of Breach of Suspended Sentence contrary to section 26 and 28 of the Sentencing and Penalties Act.

The summary of the facts has been outlined to you and you have voluntarily admitted the same therefore you are convicted as charged.

You have one previous conviction of Assault in March 2023 where you received a suspended sentence. You have offered the plea in mitigation.

- You are 34 years of age, married with one child.
- You seek the Court’s forgiveness for your actions.
- You did not mean to commit this offence.
- You have pleaded guilty and have saved the Court’s time and expense.

The State recommends that the Court impose an appropriate sentence on you.

The maximum sentence for Unlawful Wounding is 5 years imprisonment.
The Court recognizes that there is no tariff yet for this offence but recent decisions in State v Harry [2019] FJHC 1137 and State v Namuka [2019] FJHC 289 have passed suspended sentences to 3 months imprisonment. Given that there is wounding to the Complainant, imprisonment sentence is warranted.
I choose to commence your imprisonment at 3 months imprisonment. I deduct 1 month for your early guilty plea. You are left with a balance of 2 months imprisonment.

This Court can suspend the imprisonment term either in whole or in part pursuant to section 26 (1) and (2)(b) of the Sentencing and Penalties Act 2009 as long as the sentence is below to 2 years imprisonment. I also take into account the factors outlined in section 4 of the Sentencing and Penalties Act 2009 when deciding whether or not to suspend your sentence. However, given that this is you not your first offence for an offence against person, I find there is no real chance of rehabilitation. I therefore choose not to suspend your sentence.

As for Count 2, offence of Breach of Suspended Sentence, this Court had just imposed that sentence on you in March last year. In about one year, you breach that sentencing order. Usually sentences are imposed to give individuals a second chance to better themselves. You did the exact opposite when you committed this offence and so I choose to restore the full term of 4 months imprisonment which was imposed in Sigatoka CF 5/23.

Simeli Daroko, this is your sentence:

1. For Unlawful Wounding, you are hereby sentenced to 2 months imprisonment to be served immediately.

2. For Breach of Suspended Sentence, you are hereby sentenced to 4 months imprisonment to be served immediately.

3. Further order for both imprisonment sentences above to be served concurrently.

The sentence will now be explained to you.

28 days to appeal.

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J. Daurewa

Resident Magistrate

31^st July 2024