IN THE MAGISTRATE COURT OF FIJI AT SUVA
[CRIMINAL JURISDICTION]

CRIMINAL CASE NO: 1466 of 2025

STATE

VS

                                                    		  SEKONAIA  RATU

Counsel		: 	W/Cpl Sharon Prasad for the State
					:	Accused [Unrepresented] 
Date for Sentence	: 	13 January, 2026

  SENTENCE

 [1]	The accused Sekonaia Ratu, is charged with one count of Assault Causing Actual Bodily Harm: - contrary to section 275 of the Crimes Act 2009 and two count of Breach of Suspended Sentence contrary to section 28 (1) of the Sentencing and Penalties Act of 2009.
[2]	The accused was read the charge and he pleaded guilty. When the facts were read out to the accused he admitted the same. I find that he gave his plea willingly.

[3]	I find the accused guilty and convict him as charged. In considering passing sentences, the court must have regard to the provisions of The Sentencing and Penalties Act Volume 2 Laws of Fiji.

The Sentencing and Penalties Act Volume 2 Laws of Fiji states:

1.	To punish offenders to an extent and in a manner which is just in all the circumstances 
2.	To protect the community from offenders 
3.	To deter offenders or other persons from committing offenses of the same or similar nature
4.	To establish conditions so that rehabilitation of offenders maybe promoted or facilitated. 
5.	To signify that the court and the community denounce the commission of such offenses. 
6.	any combination of these purposes. 

[4]	Section 4 (2) of the Sentencing and Penalties Act Volume 2 Laws of Fiji stipulates that:-“In sentencing offenders a court must have regard to –

a.	the maximum penalty prescribed for the offences;
b.	current sentencing practice and the terms of any applicable guideline 
judgment;
c.	the nature and gravity of the particular offence;
d.	the offender’s culpability and degree of responsibility for the offence;
e.	the impact of the offence on any victim of the offence and the injury, loss or damage    resulting from the offence;
f.	whether the offender pleaded guilty to the offence, and if so, the stage in the proceedings at which the offender is so or indicated an intention to do so;
g.	the conduct of the offender during the trial as an indication of remorse or lack of remorse;
h.	any action taken by the offender to make restitution for the injury, loss or damage arising from the offence, including his or her willingness to comply with any order for restitution that a court may consider under this Decree;
i.	the offender’s previous character;
j.	the presence of any aggravating or mitigating factor concerning the offender or any other circumstance relevant to the commission of the offender; and 
k.	any matter stated in this Decree as being grounds for applying a particular sentencing option.” 

[5]	I note the maximum penalty for Assault Causing Actual Bodily Harm is 5 years imprisonment. The tariff for this offence ranges between a suspended sentence and 18 months imprisonment for domestic offences.  
[6]	The accused tendered his mitigation. I note it carefully. There is no particular aggravating feature in this case.  

[7]	I find the following appropriate in the circumstances;

1.	For one count of Assault Causing Actual Bodily Harm the accused is sentenced to ... months imprisonment suspended for ....years. 
2.	For two count of Breach of Suspended Sentence the accused is sentenced to ……months imprisonment suspended for ……years. 
3.	A section 27 Domestic Violence Restraining Order is issued with standard non molestation conditions that is to be imposed permanently. 
4.	Sentence explained.

28 days to appeal.

Charles Ratakele Mr.]
   Resident Magistrate

Delivered this on  13th  day of   January, 2026.