State v Samat [2010] FJMC 111; Criminal Case 282 of 2010 (29 July 2010)

IN THE MAGISTRATE'S COURT AT LAUTOKA

Criminal Case No 282/ 10 and 307/10

BETWEEN

THE STATE

AND

NAFEEZ SAMAT

RELEASE AFTER CONVICTION

1. You, Nafeez Samat are convicted in Case No 282/10 for theft contrary to Section 291(1) of the Crimes Decree and in case no 307/10 for Burglary contrary to Section 312(1) of the Crimes Decree and theft contrary to Section 291(1) of the Penal Code.
   
2. You are 19 years old. The social welfare report revealed that you are the youngest son of a former mayor of Lautoka and a well known business man who is now living in Harwood, California in the United States. You have migrated with your parents in 2002 to United States and your father had sent you back to Fiji apparently for your misbehaviours.
   
3. Then you have started living with your uncle and later you have started living in the streets with friends. The social welfare report says that you are addicted to sniffing glue. You do not know the contacts of your parents and family.
   
4. The court ordered the social welfare officers to look for a suitable institution to rehabilitate you. The first attempt failed since all the institutions refused to accept you due to various reasons. However finally the social welfare officer reported today that the director of the Rescue Centre at Knolly Street Suva agreed to assist rehabilitating you and to provide accommodation for you. Further the social welfare officer reported to court that the said institution can provide vocational training too.
   
5. You have committed two offences so far. I believe if the court sends you to jail or back to the streets, the court will be failing to do a duty to the society by not rehabilitating you. Most of the serious criminals appear to be from broken families. Your pattern of life so far and the people whom you have associated would only make you a worse person, who could only be a threat to the community one day.
   
6. You are still very young and fortunately did not involve in committing more serious offences. I believe still you have chances and enough time to correct yourself and to become a good citizen. You are a young person who has gone through so much of misery in life, by being abandoned by your parents. Although your parents have failed to fulfil their duties towards you, the court cannot do the same thing to you. Even if you are not a child any more, I believe now you are in the hands of the court. This could be the last chance you would have to change your life.
   
7. Thus I decide to act under Section 44 of the Sentencing and Penalties Decree. The court can make orders under this section to provide for the rehabilitation of an offender and to allow for the existence of other extenuating or exceptional circumstances that justifies a court showing mercy to an offender.
   
8. Accordingly I adjourn the proceedings of these two cases for 5 years and release you upon giving an undertaking to comply with the following conditions.
   
   1. You should appear in court on notice.
      
   2. You should be of good behaviour for 5 years.
      
   3. You should not re offend.
      
   4. You should be admitted to the Rescue Centre in Knolly Street Suva and should continue to undergo rehabilitation programs until the court orders otherwise upon a request by the Rescue Centre.
      
   5. You should under go a vocational training program at the Rescue Centre within the 5 years period.
      
   6. You should accept the Social Welfare officer in Suva as the probation officer to supervise you on the progress.
      
9. If the court receives an adverse report within this period you will be called upon for sentencing in these two cases. After 5 years if the court is satisfied that you have been of good behaviour, you will be discharged under Section 44 (6) of the Sentencing and Penalties Decree.
   
10. Further I order that the Social welfare officer Suva to be the probation officer and to furnish a report to this court in every 3 months about your progress.
    

28 days to appeal.

Rangajeeva Wimalasena
Resident Magistrate

Lautoka
29.07.2010