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Domestic Violence and Smuggling Dominate Oekusi District Court July 2019

JUDICIAL SYSTEM MONITORING PROGRAMME PROGRAMA MONITORIZASAUN BA SISTEMA JUDISIÁRIU Case Summary Oekusi District Court July 2019 Total nu...

16 October 2019

Domestic Violence and Smuggling Dominate Oekusi District Court July 2019

JUDICIAL SYSTEM MONITORING PROGRAMME
PROGRAMA MONITORIZASAUN BA SISTEMA JUDISIÁRIU
Case Summary Oekusi District Court July 2019

Total number of cases monitored by JSMP: 16

Article 145 of the Penal Code  (PC) as well as Articles 2, 3, 35(b) and 36 of the Law Against Domestic Violence (LADV) Simple offences against physical integrity characterized as domestic violence and types of offences categorised as domestic violence.
Article 145 (PC), as well as  Articles 2, 3, and 35(b) and 36 (LADV) and Article 157 of the PC
Simple offences against physical integrity characterized as domestic violence and types of offences categorised as domestic violence and threats.
Article 179 of the PC Aggravated sexual abuse of a person incapable of resistance
Article 316 of the PC Smuggling
Article 259 of the PC Aggravated property damage

Type of decision

1 Prison sentence (Article 66 of the PC)
12 Suspension of execution of a prison sentence (Article 68 of the PC)
1 Fine (Article 67 of the PC)
1 Admonishment (Article 82 of the PC)
1 Exemption from punishment (Article 318 of the PC)

Short description of the trial proceedings and decisions in these cases



1. Crime of simple offences against physical integrity characterized as domestic violence Case No: 0107/18.OESIC

Decision - After considering all of the facts, the court found that the defendant threw a small bag of rice at the victim LC and struck her in the head, he then punched the victim once on her right cheek and kicked the victim once on her left cheek. The court also found that the defendant threw a piece of corn at the victim LM and struck her on her left side, and pulled her hair and used a piece of wood to strike her four times on the back.

With consideration of the mitigating circumstances, namely that the defendant confessed, regretted his actions, has reconciled with the victims, was a first time offender, has no fixed monthly income and promised not to repeat his actions in the future, the court concluded this matter and sentenced the defendant to six months in prison, suspended for one year and six months.

2. Crime of simple offences against physical integrity characterized as domestic violence Case No: 0062/18.OEBCN

Decision - The court found that the defendant slapped the victim twice on her left cheek. The court said that the defendant assaulted the victim, a woman who was powerless to defend herself. Based on the evidence and these considerations, namely the defendant express remorse, was a first time offender, has reconciled with the victim, has three children and has no fixed income, the court concluded this matter and sentenced the defendant to one year in prison, suspended for one year.

3.  Crime of simple offences against physical integrity characterized as domestic violence Case No : 0209/18.OESIC

Decision - The court found that the defendant assaulted the victim, who is his older sister, by kicking her once on her side, choking her and punching her many times in the head. The victim is the older sister of the defendant and the defendant should respect her and protect her from any other person wishing to cause her harm. In addition, the court found that the victim sustained the defendant.

Based on the facts that were proven, and after considering all of the circumstances surrounding this crime, the court concluded sentenced the defendant to 1 year and 6 months in prison, suspended for 1 year and 6 months.

4. Crime of smuggling Case No: 0229/17.OESIC

Decision - The court found the defendant guilty of illegally importing diesel and petrol and he did not pay tax to the State. The court also found that after this incident the defendant used his own initiative to pay tax to the State for these illegal goods through the bank account of the Public Prosecution Service. In addition, the court also found that the defendant had no intention of purchasing goods and importing them into Timor-Leste, but he was advised by an Indonesian citizen who sold these goods cheaply to the defendant.

Based on the facts that were proven and considering all of the circumstances associated with this crime, the court concluded the matter and sentenced the defendant to one year in prison, however the court decided to apply an exemption of penalty pursuant to Article 318 of the Penal Code because the defendant voluntarily paid tax to the Customs Directorate via the bank account of the Public Prosecution Service.

5. Crime of smuggling Case No  0235/17.OESIC

Decision - After evaluating all of the facts, the court found that the defendants illegally imported 385 litres of petrol and 359 litres of diesel, or did not pay tax to the State via Customs. The court also considered the mitigating circumstances, namely that the defendants were first time offenders and they paid for the loss suffered by the State.

Based on all of the facts that were proven, and the circumstances associated with this crime, the court sentenced the defendants to 1 year in prison, suspended for 1 year.

6.  Crime of smuggling Case No: 0037/18.OESIC

Decision - After considering all of the facts, the court found that the defendants illegally imported 410 litres of petrol, 115 litres of diesel, 16 sacks of red fertilizer, 9 sacks of black fertilizer and 19 sacks of white fertilizer. Based on the facts that were proven and the mitigating circumstances, namely that the defendants confessed, regretted their actions, were first time offenders and have no fixed income, the court sentenced each defendant to one year in prison, suspended for one year.

7.      Crime of smuggling Case No: 0033/17.OESIC

Decision - The court found that the defendants were guilty of illegally importing 170 litres of petrol, 280 litres of diesel, 105 litres of kerosene and two sacks of fertilizer. However, prior to the trial the defendants paid tax for these goods via the bank account of the Public Prosecution Service. Based on these facts, and also considering the mitigating circumstances, namely that they defendants were first time offenders, regretted their behaviour, are small-scale traders and have no fixed monthly income, the court sentenced each defendant to one year in prison, suspended for one year.

8. Crime of aggravated property damage Case No: 0029/16.PDOEC

Decision - The court found that the defendant cut down the victim's sacred tree that the victim used to performed rituals to pay respects to ancestors. The court found that the defendant apologised to the victim and handed over a pig and some wine to compensate for the damage he caused. Based on the facts that were proven and after considering all of the circumstances associated with this crime, the court imposed an effective prison sentence of one year against the defendant, suspended for one year.

9. Aggravated sexual abuse of a person incapable of resistance Case No: 0153/17.OESIC

Decision - The court found that the defendant had sexual intercourse with the victim, and even though the victim herself did not know about this incident because she was heavily drunk, the victim's husband witnessed this incident. The court also found that the defendant was a first time offender and is a student.

In addition to this evidence, the court found that the defendant knew that the victim was his aunty or the wife of his uncle, but he took advantage of the fact that the victim was heavily drunk to commit this act. The defendant also did not regret his actions because he tried to deceive the court. Based on the facts that were proven, and after considering all of the circumstances, the court concluded the matter and sentenced the defendant to 10 years in prison.

10.  Crime of simple offences against physical integrity characterized as domestic violence and the crime of threats Case No: 0049/18.OESIC

Decision - The court found that the defendant slapped the victim once on her right cheek and once on her left cheek. The court found that the defendant committed these acts with intent because the defendant knew that hitting a person was against the law. The court also considered the mitigating circumstances such as the defendant confessed, regretted his actions, has reconciled with the victim, was a first time offender, has three children and works as a public servant with a monthly income of US$204.00.

Based on the facts that were proven and all of the circumstances associated with this crime, the court ordered the defendant to pay a fine of US$120.00 through daily instalments of US$ 1.00 for 120 days. The court also ordered the defendant to pay court costs of US$20.00. If the defendant does not pay this fine then he will be sent to prison for 80 days as an alternative punishment.


11.  Crime of simple offences against physical integrity characterized as domestic violence Case No 0022/18.OEOSL

Decision - After evaluating all of the facts, the court found that the defendant slapped the victim once on left cheek and choked her. The court also found that the defendant's actions were serious because he committed the offence against his wife who he is supposed to protect.

Based on the facts that were proven and all of the mitigating circumstances, namely that the defendant confessed, regretted his actions, and has reconciled with victim, the court imposed a prison sentence of 1 year against the defendant, suspended for 1 year.

12.  Crime of simple offences against physical integrity characterized as domestic violence Case No  0004/19.OESIC

Decision - The court found that the defendant was guilty of physically assaulting the victim and convicted the defendant for his actions because the defendant intended to commit the crime against his wife who he is supposed to protect. The court considered the mitigating circumstances, namely that the defendant confessed, regretted his actions, was a first time offender and reconciled with the victim.

Based on the facts that were proven and the mitigating circumstances, the court sentenced the defendant to 1 year in prison, suspended for 1 year, and ordered him to pay court costs of US$ 20.

13.  Crime of simple offences against physical integrity characterized as domestic violence Case No 0001/19.OESIC

Decision - The court found the defendant guilty of intentionally committing the physical assault against the victim based on the facts set out in the indictment. The court also considered the defendant's confession, that he has regretted his actions, has reconciled with the victim, is a first time offender and has two children.

Based on the facts that were proven and after considering all of the circumstances associated with this crime, the court imposed an effective prison sentence of one year against the defendant, suspended for one year.

14.  Crime of simple offences against physical integrity characterized as domestic violence Case No: 0221/18.OESIC

Decision - The court found that the defendant intentionally slapped the victim once and pushed the victim on the ground. The court also considered the mitigating circumstances, namely the defendant expressed remorse, has reconciled with the victim and has two children. Based on the facts that were proven, and all of the circumstances, the court concluded this matter and sentenced the defendant to 1 year and 6 months in prison, suspended for 1 year and 6 months. The court also ordered the defendant to pay court costs of US$30.

15.  Crime of simple offences against physical integrity characterized as domestic violence Case No: 0210/18.OESIC

Decision - The court found that the defendant kicked the victim once on the right side of her stomach, slapped her twice on her right cheek, struck her four times on the back of the neck, and the defendant also used a plastic chair to strike the victim once on her right elbow and took a broom and struck her once on her right eyebrow.

The court also considered the mitigating circumstances, namely the defendant confessed, expressed remorse, has reconciled with the victim, promised not to reoffend in the future, was a first time offender, has four children, has no fixed income is the main breadwinner of the family.

Based on the facts that were proven, and after considering these circumstances, the court sentenced the defendant to 2 years in prison, suspended for 2 years.

16.  Crime of simple offences against physical integrity characterized as domestic violence Case No: 0012/19.OESIC

Decision - The court announced its verdict and stated that the defendant was guilty of slapping the victim once on her right cheek and punching the victim once on the back of her head. The court considered the facts that were proven, including other circumstances, namely that the defendant confessed, regretted his actions, has reconciled with the victim and promised not to reoffend in the future, the defendant has two children, was a first time offender has no fixed monthly income.

Based on the facts that were proven and after considering all of the circumstances associated with this crime, the court concluded the matter and imposed a penalty of admonishment. END

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