State v Fraser [2010] FJMC 45; Criminal Case 73 of 2010 (30 March 2010)

IN THE MAGISTRATE'S COURT OF LAUTOKA

Criminal case No 73/10

BETWEEN

THE STATE

AND

JACK ANTHONY FRASER

SENTENCE

1. You jack Anthony Fraser 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 sentence for escaping from lawful custody is imprisonment for two years.
   
3. It was revealed that on the 01st February 2010 when you were taken back to the Natabua prison, you have requested the officers to stop the vehicle for you to talk to your wife waiting at a nearby shop. When the vehicle slowed down you have opened the door and jumped off the vehicle and have escaped through the bushes.
   
4. Later on the 9th February 2010 after eight days, a strike back team of the police have arrested you at Taiperia, Lautoka.
   
5. This court has observed a tendency of remand prisoners escaping at an alarming rate especially in cases of grievous nature. This trend could hinder the administration of justice process and the court has a duty to avoid this type of incidents.
   
6. In this case I pick my starting point as nine months.
   
7. There could not be any reason which could justify an attempt to escape from lawful custody and to prevent the administration of justice system. The court have a duty to prevent and deter this type of irresponsible and imperious actions in order to secure the smooth functioning of the criminal justice system and secondly to ensure the protection of the society.
   
8. The accused persons are remanded in custody to secure their presence for their cases and in most of the instances for the safety of the public. Once a person is brought before a court of law that person has to respect and co-operate the administration of justice process. If the court does not seriously treat this kind of actions it would negate the purpose of keeping persons in custody and it could risk the protection of the society.
   
9. On the other hand it delays proceedings and incur unnecessary expenses to re arrest them.
   
10. Prosecution informed court that you have four previous convictions.
    
11. For the aggravating circumstances I enhance the sentence by 6 months.
    
12. In mitigation you have said that you are sorry and you are remorseful of your actions.
    
13. You said that your wife had come from Suva and cried emotionally begging you to come back home. Further you said your children have not started school yet even though the school started one week earlier. You said that since your wife is following a diploma course someone is needed to look after your children. Further you also said you want to revive your catering business.
    
14. You said that one of your family members informed the police to come and pick you up after you escaped. You said you did not resist arrest but you were physically assaulted. But you have not even informed to court that you were assaulted when you were first produced in this case.
    
15. You said you didn't commit any crime whilst on escape. The court has to take in to consideration that you have pleaded guilty saving the time of the court.
    
16. It should be noted that escaping from lawful custody to secure the welfare of the family cannot be considered as an excuse or a mitigatory factor. You said you wanted your wife and the children to be safe and financially secured while you are away. Persons are kept in custody for a specific reason and the court cannot endorse this kind of actions for any reason whatsoever. If the court treats leniently this kind of attempts which hinders the administration of justice process, it could result a break down in the system and I do not think it would reflect any sign of protection to the innocent members of the public.
    
17. However it appears that you are remorseful of your actions and for the mitigatory circumstances I reduce your sentence by three months.
    
18. In this case I do not see any reason which warrants this court to impose a non custodial sentence on you.
    
19. Thus I impose a one year imprisonment on you for escaping from lawful custody. You are not eligible to be released on parole for six months.
    

28 days to appeal.

Rangajeeva Wimalasena
Resident Magistrate

Lautoka.
30.03.2010.