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Suspended sentence for assaulting partner

Thursday 26 May 2022 | Written by Matthew Littlewood | Published in Court, National

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Suspended sentence for assaulting partner
Cook Islands court house. CI NEWS/22010510

An expatriate worker who grabbed his partner by the neck in an assault has received a 12-month suspended sentence.

Jashnil Prasad Sharma appeared for sentencing on a charge of assaulting a female before Justice of the Peace John Whitta at the Criminal Court at Avarua on Tuesday.

He pleaded guilty on April 14, 2022.

The incident occurred on December 2, 2021. During an argument, Sharma placed his hands on his partner’s neck, causing her to be short of breath.

“Both you and the victim appeared to have been very open with probation and quite frank in discussing the situation you are in,” JP Whitta told Sharma.

“Like many young couples, you were under considerable financial strain. These issues are not far below the surface.

“The victim says communication has always been an issue.”

JP Whitta said police desired a sentence that showed no matter the seriousness of it, violence in the home cannot be tolerated and must be denounced.

“They submit individuals who find themselves in similar situations as yours, need to resort to other means of resolving their differences,” JP Whitta told Sharma.

“Your assault involved you placing your hand around the victim’s throat.”

Whitta said a victim impact statement was brief but noted the victim had “thankfully” not suffered any lingering impact from the incident.

Sharma’s defence counsel Mona Ioane asked JP Whitta to consider a discharge without conviction.

“The offence involved an assault in the home, which is an issue the court constantly grapples with and one that is taken very seriously,” JP Whitta said.

“While the offence is at the low end, any violence in the home cannot be tolerated.”

JP Whitta noted Sharma’s good employment record, and his effort to address the issues through counselling.

He sentenced Sharma to a 12-month suspended sentence, on the basis that he appears in Court in 12 months' time.

“If you put a foot wrong in any shape or form in the next 12 months, you will be called up before the court to be sentenced on this charge. It is quite a serious sentence,” JP Whitta told Sharma.

“If no further problems arise, you will be able to get on with your life.”