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State v Tikoitoga [2007] FJMC 2; Juvenile Case No 59 of 2006 (1 March 2007)

IN THE RESIDENT MAGISTRATE’S COURT
AT SUVA


Juvenile Case No. 59 of 2006


STATE


V


SUKULU TIKOITOGA


For Prosecution: Sgt. Harish Chand.
SWO: Erasito
For Juvenile: Ms N. Nawasaitoga


SENTENCE


You are 17 years of age but the criminal Justice System has failed to find any alternative sentence which would be suitable to you.


Despite your young and tender age, you have committed 14 offences ranging from Drunk / Disorderly, larceny, escaping from police, assault on police and Robbery with Violence. To make matters worse you escaped from the Church and Institutions when you were placed on probation with lenient sentences.


The Welfare, Supervisor has informed Court that you cannot be looked after by any of the youth institutions we have in place.


Your parents have also addressed Court and Welfare. They too think you cannot be controlled.


I give you concession for your age, admittance of all offences to save courts time.


I also take account of your background and financial circumstances. On the other hand your behaviour and persistent disobedience have defied all patience from the people who are there to supervise and look after you.


You are unable to rehabilitate and learn from their teachings.


You have gone so far that your supervisors have described you as a risk to the public.


Considering the offences you have committed and your previous record I agree that you are a risk to the Fiji Community if left in any institution other than prisons.


The Justice system bends back words to help a juvenile like you but you have exhausted all forms of alternative sentences and committed serious offences while on probation.


I therefore sentence you to a total of 18 months imprisonment for the 2 offences of Robbery with violence and 15 months for office breaking entering and larceny. For the remaining offences of escaping whilst on probation and committing various offences breach of your conditions I sentence you to 10 months imprisonment.


Each to run concurrent to the other making a total of 18 months imprisonment.


In the circumstances of your case I do not consider a suspension of sentence will service a purpose.


Considering your young age I ask the prison department to keep you away from the hardened criminal and to give you counseling. I also recommend the Church groups to visit you in prison as indicated by them before.


28 days to appeal.


Dated this 1st day of March 2007.


Ajmal Gulab Khan
RESIDENT MAGISTRATE


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