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Republic v Agadio [2016] NRDC 15; Criminal Case 81 of 2014 (31 March 2016)

IN THE DISTRICT COURT OF NAURU
CRIMINAL JURISDICTION

Criminal Case No. 81 OF 2014 and
Criminal Case no. 144 of 2014

REPUBLIC

V

BUNITA'AKE AGADIO

Date of hearing 30 March 2016
Date of Sentence 31st March 2016

Mr. Filimoni Lacanivalu for the Republic
Mr. Ravunimase Tangivakatini for the defendant

SENTENCE

1. The defendant has pleaded guilty to 1 count of common assault contrary to section 335 of the Criminal Code 1899.
   
2. The facts are that on the 30 November 2015 at around 12pm, the victim was playing with his friends at the location compound when the defendant called him. She asked him if he was staying with Cain in which he replied yes. As soon as he answered, the defendant became angry and lifted a timber and struck the victim’s head with it several times. The victim managed to escape. The victim was taken to the hospital on 1st December 2015 and the Doctor who attended to him noted no visible bruises, abrasions, blisters or soft swelling in the scalp. The victim was moving all joints freely. There was however soft tissue injuries. The defendant admitted during an interview with the police on the 1 December 2015 that she strikes the victim with a stick. When asked why she replied that Clyde always spoils the kids that hang around his place and they do not sleep while they are there at night.
   
3. From the agreed facts that have been presented it is clear that the defendant thought she was disciplining her grandson. I must address my mind to the provisions of section 280 of the Criminal Code 1899, which is titled Domestic Discipline, which reads:
   

“It is lawful for a parent or a person in the place of a parent or for a school master or master, to by way of correction, towards a child, pupil, or apprentice, under his care such force as is reasonable under the circumstances”[1]

This section does not apply to the defendant in this case because the force used in the circumstances of this case cannot be said to be reasonable.

4. I take the approach by Palmer CJ in giving credit for the plea of guilty plea entered when he said to another father whose situation was worse off in that he killed his own son when disciplining him and this is what his Lordship said:
   

“While you may have thought you had a right to teach, correct and discipline your son, what you did went way beyond what any sane, normal and responsible father would have done. You clearly overreacted and went overboard in your actions. Perhaps you thought because he was your son, that gave you right to beat him; you were clearly wrong on that. Every parent has a right to discipline their children, but not in hatred or anger; it is to be done in love. The most important gift any parent can be given is a son or a daughter. "Children are an heritage from the Lord, and the fruit of the womb is his reward" (Psalm 127:3). The word "heritage" means a blessing and a gift. Children are not property to do as one pleases, rather you are required to bring them up in the "nurture and admonition of the Lord[3]". There are many parents who spend more time taking care of their flowers and gardens, but spend little time on the most valuable gift in their hands, their children. A master carver or painter will spend hours to perfect the image of his carving or painting, how much more should parents on building, mentoring and training their children, so that the right image is produced in their children, based on Christian values and principles, of godliness, righteousness, honesty, love, hard work and truth. There is no perfect parent in this world but God gives his Grace to parents to enable them discharge their parental duties.

The law recognises the right of parents to inflict reasonable and moderate corporal punishment for the purpose of correcting wrong behaviour. That punishment however must be moderate and reasonable, commensurate to the age, physique and mentality of the child and carried out with a reasonable means or instrument [4]. It must be applied in a responsible manner; the yardstick is love."[2]

5. The comments made by his Lordship Chief Justice Sir Albert Palmer to parents in the case cited in my view equally applies to all adults dealing with children, aunties, uncles, and grandparents.
   
6. The defendant is a first offender and she is now 44 years old. The victim is her grandson. As correctly pointed by Mr. Tangivakatini, representing her, she attempted to instil discipline into her grandson but the form of discipline she took went too far.
   
7. It is my view that a sentence to ensure that such an assault does not occur again is appropriate in the circumstances of this case. I sentence the defendant to be on probation for a period of 12 months that she be of good behaviour towards her grandson. She is to report to Ms. Raelyta Daoea to receive her probation orders.
   

Dated this 31st March 2016

Emma Garo
Resident Magistrate

^[1] Section 280 Criminal Code 1899.
^[2] R v Ludawane [2010] SBHC 128;HCSI-CRC 233 OF 2008 (5 October 2010)