BY JENNIFER KUSAPA
A man found guilty for one count of domestic violence physical abuse has been warned not to commit any more offences against the complainant on the case.
Principal Magistrate Jim Seuika in his ruling on Wednesday said the accused pleaded not guilty to the charge and a trial was conducted.
He was then found guilty and convicted.
Mr Seuika said having considering all the mitigation and aggravating features submitted by both prosecution and defence, the court warned the accused not to commit the offence again.
Seuika said according to the Family Protection Act an instrument purposely legislated to protect violation in a family or home, despite the relation is in a de facto or permanent order.
“What is paramount here is that the court will look at what range of sentencing will fit in well in such situations,” Seuika said.
He said since the accused has already spent two months in custody and is also a first time offender, the appropriate sentencing imposed is to discharge the accused without punishing him under the section 35 of the penal code.
“Dismissing the charge on condition that the defendant will not commit any offence against the complainant,” Seuika said.
Police Prosecution Service prosecutes the case in court.
