State v Raqauqau [2012] FJMC 325; Criminal Case1638.2012 (29 November 2012)

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

Criminal Case No: 1638/12

STATE

V

SAVENACA RAQAUQAU

Prosecution: PC Pauliasi (Police Prosecution)
Accused: In person.

Sentence
Introduction

SAVENACA RAQAUQAU, you are now being sentenced for Aiding Prisoners to Escape, Contrary to Section 197 (a) of Crimes Decree 2009. The Particulars of Offence is that you:

"SAVENACA RAQAUQAU on the 18th day of November, 2012, at Suva in the Central Division, aided prisoners to escape namely Sanaila Tabuavalu, Frank Konave, and Viliame Tuibua from the custody of Sergeant Major Eliki Raloka."

You pleaded guilty on your own free will. You admitted the statement of facts and the previous conviction that were put to you.

The Maximum Penalty

The Maximum Penalty for Aiding Prisoners to Escape under the Crimes Decree is 7 years imprisonment.

The Tariff

This Court has not found any set tariff for this Offence. This Court takes the tariff to be between 9 months to 3 years.
Starting Point

Having considered the relevant provisions of the Sentencing and Penalties Decree. This Court takes 3 years (36 months) (Higher end of the scale) as an appropriate starting point for the offence that you have committed. The Higher end is taken for the fact that you are not a 1st offender. This Court has also noted and carefully considered the facts and notes a good deal of planning went into effecting the escape of the prisoners.

Guilty Plea

For your guilty plea on the 1st available opportunity this Court will give you 12 months discount (1/3rd). You are now to serve 24 months imprisonment.

Mitigation

Your mitigation is that you are 35 years old, married with 1 Child, Farmer, seek forgiveness, looking after wife and child who will attend Class One next year, ask for leniency, and you seek suspended sentence.

For your total mitigation you are given 3 months discount.

The Court notes that you are not 1st offender and gives no discount for that.SAVENACA RAQAUQAU your sentence is 21 months imprisonment.

The Court notes the seriousness and the nature of the offence you committed. You are not a 1st offender and for these reasons this Court will not suspend your sentence. The message is clear that those who aid prisoners to escape will get immediate custodial sentences. Member of the community are expected to assist the law enforcers and not the criminal elements in the community. Savenaca Raqauqa you need to genuinely reform and rehabilitate and make serious effort to be a productive member of the community.

Non Parole Period

This Court fixes a non parole period of 15 months for you.

Right of Appeal

You have 28 days to appeal to the High Court.

Chaitanya Lakshman
Resident Magistrate
29/11/2012