State v Waqatairewa [2010] FJMC 31; Criminal Case 1340.2009 (26 August 2010)

IN THE RESIDENT MAGISTRATE'S COURT OF SUVA

Criminal Case No: - 1340/09

STATE

V

MERESEINI WAQATAIREWA

For Prosecution: - Mrs. Madanavosa P.
Accused: - Mr. Nawaikula

SENTENCE

1. You, MERESEINI WAQATAIREWA are here today, to be sentenced on admission of guilty on your own accord for the offence of concealed the birth of a child contrary to section 220 of the Penal Code Act 17.
   
2. According to the summery of facts tendered by the Prosecution which you admitted in open court, that you having given birth to a girl secretly disposed the dead body to conceal the birth of a child. You hide your pregnancy from your parent with whom you live, and secretly gave birth to a child in a bathroom on 7th of March 2008. You hide the body of deceased baby girl.
   
3. According to the section 220 of the Penal Code Act of 17 the offence of concealed the birth of a child is a misdemeanor and according to section 47 of the penal code, the maximum sentence impose against you for the said offence is two years imprisonment or affine or both.
   
4. The offence which you have committed is not only a crime against state, but also a crime against the nature. Birth of a child, is an auspicious and meritorious moment in the nature. It is not only conflation of another human, but also the recognition of right to birth of unborn foetus. Wherefore, I am of the view that principles of deterrence and prevention should be given a prominence as of the principle of rehabilitation in sentencing for the offence in this nature.
   
5. Accordingly, I select 6 months imprisonment as a starting point.
   

Aggravating Factors.

6. According to the information revealed by the summary of facts placed before court, you completely concealed your pregnancy and gave birth to a child secretly inside the bathroom at your parent's house. Then you hide the body of diseased baby girl inside a suitcase with cloths and pillow.
   
7. You are single mother of a child. By reason of this, you stated, your relationship with your own parents became sour. You became pregnant again from the same person that indicate that you have not learned from your previous own mistake. You only concerned of meeting you amorous feeling of youthfulness but completely forgot the value and serenity of motherhood. You denied the right of birth for your unborn foetus due to your myopia.
   
8. Accordingly I increase 8 months from the starting point and now your sentence stands for 14 months imprisonment.
   

Mitigating Factors.

9. Since you have not pleaded guilty in the first available instance you are not entitle for a reduction of 1/3 of the total period of imprisonment as it was held in Akili Vilimone v State (Cr. App. HAA 131/2007). Nevertheless your early plea before the hearing save court time and public funds. Wherefore, you entitle for a discount for your early plea. I reduce 4 months and now your sentence stands for 10 months imprisonment.
   
10. You are 24 years old young woman. You are a single parent with four years old child. You are working for Fiji National Provident Fund. You are a third year student at the Fiji National University.
    
11. In your mitigation, you explained the circumstance surrounding committing of the said offences. You seek mercy and forgiveness of the court and second chance to reform your life.
    
12. In considering your young age, your single motherhood with four years old child and other mitigating factors, I reduce further 8 months and now your sentence stands for 2 months imprisonment period. At this point I am mindful with the fact that a sentence which is below two years could be suspended.
    
13. Even though the fact that a sentence which is below two years could be suspended, I do not find an exceptional circumstance in your case to suspend your sentence. It is important and in the public interest that the courts through sentencing make it clear that those who imperil value of humanity for their own bliss will receive condign jail sentence.
    
14. Accordingly, I sentence you for 2 months imprisonment for the of offence of concealed the birth of a child contrary to section 220 of the Penal Code Act 17.
    
15. 28 days to appeal.
    

On this 26th day of August 2010.

R.D.R.Thushara Rajasinghe
Resident Magistrate, Suva.