State v Ramaola [2011] FJMC 14; Criminal Case 310.2010 (7 February 2011)

IN THE MAGISTRATE'S COURT OF FIJI ISLANDS
AT NADI

Criminal Case No. 310/10 & 311/10

THE STATE

v

KATARINA RAMAOLA

Mr. Newal for prosecution
Accused in person
Date of Sentence: February 7, 2011

SENTENCE

[1] KATARINA RAMAOLA, this is your sentence.

[2] You were charged with one count of escaping from lawful custody contrary to section 196 and one count of theft of the Crimes Decree No. 44 of 2009

[3] You pleaded guilty to the charge when the charge was read and explained to you and after you confirmed that you understood the charge.

[4] When explained about your right to counsel you told that you are waiving your right to counsel and that is your free will.

[5] A summary of facts was put to you by the prosecution and you admitted the facts set out therein. Prosecution handed up a copy of it to court.

[6] I have reviewed the facts against the particulars of the offence charged in this case and I am satisfied that they support the essential elements of the charge.

[7] I therefore convict you as charged.

[8] The facts of the case were that on the 29th of March 2010 you were in custody awaiting appearance in Nadi Magistrate's Court for a case of theft and you went to relieve yourself in a washroom situated inside the police building. PC Neeraj at that very time attended to an assault report as he was alone in station, then you saw the back door of the police building open and fled from the custody. Police arrested you the following day, i.e. 30th March 2010. Also, on the 29th of March 2010 at MHS, Namaka groceries and other items valued at $238.54 by walking outside without making payment then you had only $4.00 cash in hand. There has been full recovery in this case.

[9] Mitigating features were that you are 21 years, single, employed, sought forgiveness and promised that you won't re-offend.

The sentence:

[10] I now turn to consider the sentence for the offence you have been charged. For the offence of escaping from lawful custody, contrary to section 196 of the Crimes Decree No.44 of 2009, the liable penalty is imprisonment for 2 years.

[11] Where the maximum penalty is 2 years imprisonment appropriate tariff is between 6 to 12 months imprisonment [Alifereti Misioka & Josua Nasiyaga V State [2007] AAU 52-53/06 (apf HAA 71/06S) 23 March 2007 per Ward, P, McPherson & Ford, JJA].

[12] I have carefully considered the mitigating factors submitted by you. Your mitigating factors are convincing.

[13] You have just planed when you escape from the custody. You were at large only one (1) day. You did not commit any offence during escape.

[14] I have considered your guilty plea when deciding the sentence for the offence you had committed.

[15] Considering all the facts and circumstances in this case I choose a sharp sentence of 6 months imprisonment for the offence of escaping from lawful custody. I have chosen this sentence from the lower end of the scale. For the offence of theft, I am of the view that I fix the sentence without aggravating features as all items have been recovered and accordingly I fix sentence at 6 month for theft also.

[16] The offence of escaping from lawful custody is a distinct offence committed in a different series hence both sentence must be served consecutively. Accordingly you have to serve 12 month.

[17] In your case, I am of the view suspended sentence will serve the purpose, especially in considering the facts that you are first offender, full recovery of the items, you did not commit any offence during escape and you are remorseful. I suspend your sentence for a period of three (03) years. However you must pay a fine of $250.00.

[18] You must not re-offend during the operational period of the suspended sentence.

[19] If you re-offend during the operational period of the suspended sentence of imprisonment, you are liable to be prosecuted under section 28-(1) of the Sentencing and Penalties Decree 2009.

[20] Twenty eight (28) days to appeal.

ORDER:

1. I sentence the accused to twelve (12) months imprisonment suspended for 03 years;
   
2. You must pay a fine of $250.00 in default 02 months imprisonment;
   

100. You must pay the fine within 2 months.
     

M H Mohammed Ajmeer
Resident Magistrate

Dated at Nadi this 7th day of February, 2011.