The High Court in Suva has quashed a nine-and-a-half-month sentence imposed on a caretaker convicted of assaulting his de facto partner, replacing it with a three-month jail term.
The 44-year-old, a father-of-three, had pleaded guilty to a count each of common assault and breaching a domestic violence restraining order (DVRO). He was sentenced by the lower court on March 24.
The records show his de facto partner returned home after grocery shopping and found the accused outside speaking with their two younger children. She chose not to engage with him, as a DVRO with standard non-molestation conditions was in place.
She went inside and asked her eldest daughter to call her younger siblings in, but she informed her the two younger daughters had gone with the accused.
When he returned to drop off the children, the youngest child refused to leave the vehicle, insisting on going with her father. He asked his de facto partner to allow the child to stay with him, promising to bring her back the next day.
The victim refused, and as she attempted to remove the child from the vehicle, the accused slapped her on the right cheek before taking his two younger children with him.
The incident occurred on March 4 this year at Togoru in Navua, and the victim reported the matter to the police the same day.
In mitigation, the accused, who is employed in Pacific Harbour, expressed remorse for his actions in his mitigation.
He proceeded to file an appeal against the sentence on the basis that the sentence imposed was excessive given the circumstances of the case.
Justice Daniel Goundar found that the grounds had merit because the magistrate used the maximum term of 12 years as a starting point, which is reserved for the most serious type of offending.
The legitimate aggravating factors were that the assault took place in front of the children and that it constituted domestic violence.
“Given that the assault was minor, imposing an immediate custodial sentence of 10 months was excessively harsh,” stated Justice Goundar on June 9.
“While deterrence is crucial in domestic violence cases, courts must also consider rehabilitation, especially when an offender takes full responsibility by entering an early guilty plea.
“The appellant has already served three months in prison, which is an adequate punishment.”
His three-month substitute sentence is effective from March 24 this year.
