State v Miramira [2012] FJMC 95; Criminal Case 514 of 2011 (17 May 2012)

IN THE MAGISTRATE'S COURT AT LAUTOKA

Criminal Case No 514/11

BETWEEN

THE STATE

AND

LAIJONE NAIYARAVORO MIRAMIRA

SENTENCE

1. You, Laijone Naiyaravoro Miramira are to be sentenced upon pleading guilty to the charge of breach of order suspending sentence contrary to Section 28 of the Sentencing and Penalties decree.
   
2. The punishment prescribed by in section 28(4) for this offence is a fine not exceeding 10 penalty units. In addition the court must restore the sentence or part sentence held in suspense and order the offender to serve it. However if the court considers that exceptional circumstances exist that make this unjust the court may instead;
   
   1. restore part of the sentence or part sentence held in suspense and order the offender to serve it or
      
   2. in the case of a wholly suspended sentence, extend the period of the order suspending the sentence to a date not later than 12 months after the date of the order under this subsection or
      
   100. make no order with respect to the suspended sentence.
        
3. On the 27th January 2010 you were convicted for larceny of trees and were sentenced to 5 months imprisonment suspended for 2 years. You committed this offence during the operational period of another suspended sentence imposed on you in a grievous harm case on the 28th February 2008. Accordingly you were charged in this case for committing another offence punishable by imprisonment during the operational period of a suspended sentence.
   
4. In mitigation you asked for forgiveness and said that you did not mean to commit the offence. You are 35 years and married with 2 children. You work as a security officer and said that you are willing to pay a fine. Further you said that you learnt a lot from your previous convictions.
   
5. You have three previous convictions. However you pleaded guilty saving the time of the court.
   
6. It appears that you have acted in a very irresponsible manner disregarding the effects of the suspended sentence imposed on you previously. A suspended sentence is imposed on an offender to keep him out of prison and to give that person a chance to correct himself. However it appears that you have not realized or valued the chance given to you to stay out of prison. Further it should be noted that disregarding a court order is a serious concern. The Court has a duty to send a stern message to the society of the repercussions of breaching an order suspending a sentence.
   
7. In this case you have not submitted any exceptional circumstances. You have only submitted your personal circumstances and it does not reveal any exceptional grounds as required by Section 28(4), for this court to impose a lenient sentence on you.
   
8. In the circumstances I impose a fine of one penalty unit (100 dollars) and in default 10 days imprisonment. In addition I order that the suspended term imposed in case number CF 132/08 to be operative with effect from today. Accordingly you should serve 6 months imprisonment.
   

28 days to appeal.

Rangajeeva Wimalasena
Resident Magistrate
Lautoka

17.05.2012