State v Nakolonivalu [2010] FJMC 112; Criminal Case 216 of 2009 (17 August 2010)

IN THE MAGISTRATE'S COURT AT LAUTOKA

Criminal Case No 216/09

BETWEEN

THE STATE

AND

TEVITA NAKOLONIVALU

SENTENCE

1. You, Tevita Nakolonivalu arte to be sentenced upon pleading guilty to the charge of aiding prisoner to escape contrary to Section 139(a) of the Penal Code.
   
2. The maximum sentence for this offence is imprisonment for seven years. In this case I pick my starting point as 12 months.
   
3. It was revealed that you have picked up an escapee from lawful custody on the 15th January 2009. The escapee had escaped from the Lautoka High Court and you provided transport to the escapee to go to Natakowaqa in a car rented by you. The summary of facts reveals that you have committed this offence in a very organized manner. You have committed this offence with others and it appears that picking up the escapee is not an isolated incident. You have well planned this for the escapee to escape from lawful custody and to flee.
   
4. Escaping lawful custody has become a prevalent offence now and it has to be considered as a very serious offence. This kind of actions invariably hampers the smooth functioning of the criminal administration of justice system. On the other hand the state has to spend so much of resources to apprehend persons escape from lawful custody. For the last 8 months, more than ten accused persons in cases of this court itself, escaped from lawful custody. The court has a duty to show the society that assisting such escapes or harbouring such criminals are offences of very serious nature and the court and the society denounce such actions.
   
5. For the aggravating circumstances I enhance the sentence by 6 months.
   
6. In mitigation you said that you ask for forgiveness and said that you know what you did was a coward act. You said you are married with two children. You said you are the sole breadwinner and you will never set foot to this court again. You pleaded guilty saving the time of this court. Further I have considered a written mitigation tendered on your behalf. Accordingly it appears that you are about 36 years old. Also it appears that you are attending Bible reading sessions with pastors from all nations Christian Fellowship.
   
7. It appears that you are remorseful about your actions. For the mitigatory circumstances I reduce your sentence by 12 months.
   
8. You admitted that you have 12 previous convictions. In 2005 you have been sentenced for Four years and six months imprisonment for offences including robbery with violence. Further it appears that you have been placed under police supervision for 3 years after the release from prison.
   
9. But it appears you have committed this offence despite your previous lessons. The court has a duty to send a stern message to the society of the consequences of this kind of actions. Hence I do not think that the circumstances of this case warrant this court to impose a non custodial sentence on you.
   
10. Accordingly I impose 6 months imprisonment on you.
    

28 days to appeal.

Rangajeeva Wimalasena
Resident Magistrate

Lautoka
17.08.2010