State v Chaudhry [2012] FJMC 187; Criminal Case 1077.2012 (7 August 2012)

IN THE RESIDENT MAGISTRATE'S COURT OF FIJI ISLANDS
AT SUVA

Criminal Case No: 1077/12

STATE

V

VIKASH NAND CHAUDHRY

Prosecution: PC Pauliasi, Police Prosecutor.
Accused: In person.

SENTENCE

1. VIKASH NAND CHAUDHRY you are today being sentenced following the admission of 'guilt' on your own free will and accord in this Court, for the offence of 'Bribery of Public Official' contrary to Section 134 (1) (a) (b) of the Crimes Decree 2009.

2. You elected to represent yourself. You chose that this Court deal with your charge. The Statement of facts was put to you and you freely admitted the facts. You have admitted in this Court giving a Police Officer, Cpl Ananaisa Rawaiduvu, $16.00 so that he would not book you for six counts of traffic offences.

3. The maximum sentence prescribed under Section 134 of the Crimes Decree No 2009 for the offence of Bribery of Public Officials” is Imprisonment for 10 years.

A similar offence under the now repealed Penal Code, referred to as Official Corruption had maximum sentence as 7 years imprisonment. This Court notes that the Maximum sentence has been increased under the Crimes Decree.

The Bribery Promulgation No. 17 also haso has provisions dealing with bribery offences. The maximum punishment for the offences of bribery is fine of $500,000imprisonment for 7 years.

4. This Court has noted the case law on sentence prec precedents for Official Corruption in the High Court and the Court of Appeal in the following cases:

i) State v Carlos Taylor, High Court, Crim Case No: 001 of 1999 - the accused pleaded guilty to 4 counts of Official Corruption, sentence of 3 years imprisonment reduced to 2 years on account of the guilty plea.

ii) Prem Chand v The State, [2001] FJHC 130; HAM 0017/2000, 8 November 2008 - the appellant had pleaded guilty to one count of official corruption and sentenced to 4 years imprisonment on that count;

iii) State v Sorovakatini High Court, Crim Case No: HAC018.2005, 26 September 2007 - the accused pleaded guilty to one count of official corruption and was sentenced to 2½ years imprisonment after discounting the guilty plea;

iv) In Isikeli Kini v The State [2004] FJCA 55, AAU 0041/02, 26 November 2004 - the Court of Appeal upheld a sentence of 12 months imprisonment for one count of Official Corruption.

Under the Bribery PromulgaNo. 12/2007 for brir bribery offences, this court has noted the sentences by the Court's in the following cases:

(i) In FICAC v Niraj Singh [2010] FJHC 94 - Justice Fernando imposed 8 months imprisonment and a fine of $200 after the Accused, a first offender, pleaded guilty to the charges at the High Court.

(ii) In FICAC –v- Lean and Zhao (2010) - FJHC 50 - Justice Temo imposed 1 year imprisonment.

5. Having noted the maximum sentence and the sentences imposed by the various Court's for similar offence this Court takes a starting point of 2 years (24 Months) imprisonment for the offence you have committed. This Court has not noted any aggravating factors and for that reason will not increase you sentence.

6. In your mitigation you have stated the following:

- 33 years old.

- married with 1 child.

- A taxi driver.

- earn $200/month.

- am paying debts, after father's demise.

- did not want to get a ticket, did not want to get booked.

For your guilty plea on the 1st available opportunity this Court gives you 8 months discount. For your mitigation this court gives 4 months discount. You are not a first offender, so you will not get any discount for your character.

7. Bribery is rife in Fiji. It is common knowledge that when people like you are booked, you try and bribe police officers, not to book and issue Traffic Infringement Notices (TINS). Police Officers, Like Cpl Ananaisa Rawaiduvu need to be commended for not being tempted with money as offered by you. This Court is mindful that public interest demands that the sentences on bribery must address the need for deterrence and to warn others similarly inclined that severe sentence will be passed by the courts on anyone found guilty of the offence of Bribery. Those involved in this type of offending look down on the police and see the system as one which can be toyed with. Bribery is a serious crime. It is imperative that potential offenders and the public at large understand that Bribery will be met with stiff penalties. For the foregoing reasons this Court will not consider suspending the sentence.

8. VIKASH NAND CHAUDHRY you are today sentenced for committing the offence of 'Bribery of Public Official' contrary to Section 134 (1) (a) (b) of the Crimes Decree 2009,for a term of imprisonment of 1 (One) year.

9. VIKASH NAND CHAUDHRY if you are not satisfied with the sentence of this Court you have the right to Appeal to the High Court within 28 days from the date of this Sentence.

Chaitanya Lakshman
Resident Magistrate
7th August 2012