State v Niume [2010] FJHC 257; HAC010.2010 (26 July 2010)

IN THE HIGH COURT OF FIJI
AT SUVA
CRIMINAL JURISDICTION

HIGH COURT CRIMINALCASE NO: HAC 010 OF 2010

BETWEEN:

STATE
PROSECUTION

AND:

1. EPARAMA NIUME
2. JOVECI NAIKA
3. SOROVELI QETAKI
4. APENISA LINO
ACCUSED PERSONS

Counsel: State - Ms. Low, P.
For 1st Accused -] Duty Solicitor,
For 2nd Accused -] Legal Aid
For 3rd Accused -]
For 4th Accused -]

Date of Sentence 26th July, 2010.

SENTENCE

[1] Soroveli Qetaki you were charged for the offence of unlawful use of motor vehicle contrary to Section 292 of the Penal Code (Cap 17). You pleaded guilty to the charge and on admitting the summary of facts you were convicted for the said offence.

[2] Facts of the case which was admitted by you were that on 31st day of December 2009 at about 8.00pm you with others went to the warehouse of Ashok Chand and drove away his vehicle registration No. "KURA 01" which was parked outside the factory without his consent.

[3] Whilst driving along Kings Road when you approached a road block put up by Land Transport Authority and Police, you with others made an about turn, and LTA and Police gave chase and stopped you at Koronivia Road. You were arrested with others and when caution interviewed you admitted taking the vehicle belonging to Ashok Chand without his consent.

[4] Your aggravating factors are that you took the vehicle without the owners' consent in the night and further you didn't stop the vehicle at LTA checkpoint, so that LTA officers had to chase you to stop you.

[5] The mitigating factors submitted on behalf of you were that you were a first offender, young offender aged 18 years, and that you pleaded guilty to the charge saving time of court. Further it was submitted that there was no damage caused to the vehicle.

[6] The maximum punishment prescribed for the offence in terms of Section 292 of the Penal Code is 6 months imprisonment or to a fine of $100 or both such imprisonment or fine.

[7] Considering the above aggravating factors, mitigating factors, your early plea of guilty and that you are a first offender and of young age I sentence you to 3 months imprisonment.

[8] Considering the circumstances of the case, and your period in remand, I suspend the 3 months imprisonment for 1 year.

You have 30 days to appeal.

Priyantha Fernando
Puisne Judge

At Suva
26/07/2010