State v Tikoitoga [2010] FJMC 114; Criminal Case 430 of 2010 (30 August 2010)

IN THE MAGISTRATE'S COURT AT LAUTOKA

Criminal Case No 430/10

BETWEEN

THE STATE

AND

TOMASI CAMA TIKOITOGA

SENTENCE

1. You, Tomasi Cama Tikoitoga are to be sentenced upon pleading guilty to the charge of escaping from lawful custody contrary to Section 196 of the Crimes decree No 44 of 2009.
   
2. The maximum punishment for this offence is imprisonment for two years.
   
3. In this case I pick my starting point as 6 months.
   
4. On the 18th July 2010 you with another four remand prisoners escaped from Natambua Remand Prison. You escaped when the remand prisoners were released from the cell for tea. One escapee was arrested on 19th July and three others were arrested on the 24th July 2010. You were arrested by Prison Officers only on the 2nd August 2010 and were later handed over to the Police.
   
5. It appears that you escaped from lawful custody with other persons in an organized manner. It is alarming to note that for the last eight months only, ten incidents of escape from lawful custody were reported in this court. It appears that escaping from lawful custody has become a frequent offence. The state has to spend resources unnecessarily to re arrest these offenders. On the other hand it creates panic in the society and an unsafe environment for the public to engage in their normal activities. Escaping from lawful custody is indeed an impediment to the administration of justice system and the courts have to treat this kind of offences in a very serious manner.
   
6. The Sentencing and Penalties Decree sets out the following purposes for which sentencing may be imposed by courts;
   
   1. to punish offenders to an extent and in a manner which is just in all circumstances
      
   2. to protect the community from offenders
      
   100. to deter offenders or other persons from committing offences of the same or similar nature
        
   4. to establish conditions so that rehabilitation of offenders may be promoted or facilitated
      
   5. to signify that the court and the community denounce the commission of such offences
      
7. For the aggravating circumstances in this case I enhance the sentence by 9 months.
   
8. In mitigation you said that this is the first time you escaped and you have no previous convictions for escaping from lawful custody. Also you said you seek forgiveness and that you will not repeat this mistake again.
   
9. For the mitigatory circumstances I reduce the sentence by 3 months.
   
10. You have 7 previous convictions. However you pleaded guilty at the very out set saving the time of this court.
    
11. But I am of the opinion that the circumstances of this case and the necessity to send a stern message to the society, specially to those who are minded to indulge in this type of offences, do not warrant this court to impose a non custodial sentence on you.
    
12. Accordingly I impose 12 months imprisonment on you. You are eligible for parole after 6 months.
    

28 days to appeal.

Rangajeeva Wimalsena
Resident Magistrate

Lautoka
30.08.2010