State v Nandan [2012] FJMC 295; Criminal Case214.2012 (7 November 2012)

IN THE MAGISTRATE'S COURT AT SUVA

Criminal Case No. 214 of 2012

STATE

–v-

DAREN RONALD NANDAN

For the State : WPC Fisher
For the Accused Present

SENTENCE

1. DAREN RONALD NANDAN, you have pleaded Guilty to the following Charge:

PERSONATING A PUBLIC OFFICER: Contrary to Section 146 (b) of the Crimes Decree Number 44 of 2009 and the Particulars of Offence is as follows;

DAREN RONALD NANDAN, on the 1st day of February, 2012, at Suva in the Central Division, falsely presented himself to be an Inspector of Police at Lami Police Station, to a person employed in the public service namely Fiji Police.

2. You were convicted of the charges on your own pleas of guilty.

3. The summary of facts of the case that was submitted by the prosecution and admitted by you is as follows;

"On 1st day of February, 2012 at about 4.30am at Foster Road, SC 2881 Ilai Vanavana [PW-1] 42 years of Stage 4, Cunningham was doing beat patrol when he saw Daren Ronald Nandan [Accused] 37 years, unemployed at 7 ½ Miles, Veisari, Lami standing in front of Safe Quick Fiji Limited Store personating to be a Police Officer. [PW1] approached the [Accused] and questioned him as to what he was doing there in the early hours of the morning. The [Accused] replied asking [PW1] as to what powers does he has to questioned him. The [Accused] informed [PW1] that he is the police officer based at Lami Police Station. [PW1] continued on his beat patrol but he came across [Accused] again sitting in front of the Hong Lin Restaurant. He arrested him [Accused] under suspicious for personating to be a police officer. [PW1] enquired at the Lami Police Station and he was informed that there is no police by the name of Daren Ronald Nandan. The [Accused] was escorted to the Central Police Station, where he was searched and the porch was found on him. He was interviewed under caution".

4. Mitigation Factors

I consider following mitigating factors which were brought before me in your oral mitigation. That you;

Seek forgiveness, leniency and mercy from court. You further stated that it wasn't your intention to commit this offence and you only had your wife's pouch.

5. Statutory Indication

According to the section 146 of Crimes Decree Number 44 of 2009 a person commits a summary offence if he or she—

(a) ...

(b) falsely represents himself to be a person employed in the public service, and assumes to do

any act

or to attend in any place for the purpose of doing any act by virtue of such employment.

The offence of Personating a Public Officer carries a maximum sentence of 03 years imprisonment period.

6. In sentencing you I note that there are no special aggravating factors as your actions constitute the elements of the offence.

7. Sentence

In the light of SENTENCING GUIDELINES under section 4 (1) and (2) and GENERAL SENTENCING PROVISIONS under section 15 (3) of the Sentencing and Penalties Decree I consider an appropriate sentences on you.

Upon considering all the circumstances of this case and above stated legal precedents, I select 09 months as a starting point for your sentence.

In considering your early guilty plea in the first available opportunity I deduct 03 months. Further, I deduct 03 months for the mitigating factors. You have one previous conviction, therefore you do not entitle for further deductions for your previous good character. Now you sentence stands for 03 months of imprisonment period.

In considering whether is it appropriate in the circumstances of this case to suspend your sentence or not. The Court notes that you have admitted the allegations and you have entered a guilty plea at the earliest opportunity available and you are remorseful. Taking into account all the circumstances of this case, I suspend your sentence for 2 years in pursuant to section 26 (2) (b) of the Sentencing and Penalties Decrees.

If you commit any crime during the suspended periods of 02 years and found guilty by the court you are liable to be charge and prosecute for an offence in pursuant to section 28 of the Sentencing and Penalties Decree.

28 days to appeal

..............................
Lakshika Fernando
Resident Magistrate

On this 7th day of November 2012.