The Tavua Magistrate court has delivered a strong message against domestic violence, declaring that a wife is not her husband’s property after sentencing a man for assaulting his spouse in a public place.
In sentencing the man on 15 June, Resident Magistrate Timoci Qalinauci said the Court strongly denounced the offender’s actions and stressed that marriage does not give one spouse ownership over the other.
“She is your wife but she is not your property. You must learn to love and protect her and not assault her.”
The court heard that on the night of 13 June, the couple’s children had been put to sleep before the woman went with her sister to a kava bar in Tavua Town. The offender later confronted her outside the premises and assaulted her by striking her in the face. The incident was reported to police, and the offender later admitted the allegation during a police caution interview.
The Magistrate noted that the offending constituted domestic violence and identified the use of a flip-flop to strike the victim’s face as an aggravating factor.
However, the Court also took into account several mitigating factors, including the offender’s status as a first-time offender, his confession to police, promise not to reoffend and early guilty plea, which saved the Court and prosecution the time and expense of a contested hearing.
The offender was sentenced to 60 days’ imprisonment, suspended for three years. The Court warned that any further offending during the suspension period could result in the prison sentence being activated.
A permanent Domestic Violence Restraining Order remains in force to protect the victim, with the Court warning that any breach of the order could result in further criminal charges.
In concluding the case, Magistrate Qalinauci reiterated that domestic violence has no place in society and that spouses must be treated with dignity and respect, not as possessions.
