State v Koroi - Sentence [2013] FJMC 145 (3 April 2013)

IN THE MAGISTRATE'S COURT AT SUVA
CRIMINAL DIVISION

Criminal Case No. of 2013

The State

–v-

Inoke Koroi

For the State: Cpl. Yasin Ali
For the Accused: In person

SENTENCE

Inoke Koroi you have been convicted as charged of the offence of Indecently Annoying a Female contrary to section 213 (1) (a) of the Crimes Decree 2009.

The facts are that on the 4th of October 2012 at Suva in the Central Division, you exhibited your buttocks to Timalaiti Rabacolo, intending that she would be annoyed by your actions.

At the initial stages of these proceedings there had been a request for a psychiatric evaluation to be made as your behaviour in Court was erratic and you appeared not to follow the proceedings.

A report was subsequently prepared by the Medical Superintendent at St. Giles Hospital, Dr. Biukoto and his diagnosis was as follows: -

- You are suffering from mild form of psychosis
- You are acutely aware of your surroundings and showed knowledge of your actions at the time of the offence

The recommendation was for further assessment and treatment but you were cleared to stand trial.

The charge was then put to you again and you have voluntarily admitted the same. The summary of the facts has been outlined to you and you have also confirmed the same.

I have examined your plea and your demeanour and I am satisfied that your plea is unequivocal therefore you are convicted as charged.

You are a first offender and you have offered the plea in mitigation. You are 31 years of age, currently unemployed and you reside with your parents in Khalsa Road, Tacirua. You ask for the Court's forgiveness and you admit that what you did was wrong. You have also promised that this will be the last time that you appear in Court.

The Court has also heard from your father, retired police officer Watisoni Koroi. He confirms that you are an outpatient from St Giles although you are currently not under any form of treatment or medication. By way of background he also confirmed that your issues are related to your heavy abuse of marijuana since Form Three and that your symptoms are worse when you use drugs.

The State sought time to file sentencing submissions however none has been received to date therefore the Court will proceed to sentence you.

In sentencing you the Court notes that you are a first offender and that you have offered the plea in mitigation. Your father has also assisted the Court by way of background into your personal circumstances. There appears to be a direct correlation between your symptoms and drug abuse. In addition the recommendation from St Giles Hospital is for further assessment and treatment so that they can fully address your symptoms and underlying condition with a view to holistically treating you.

There is scope for this Court to make an order for you to be further assessed and treated at St Giles and this is by virtue of section 15 (1) (c) of the Sentencing and Penalties Decree.

The relevant provision provides as follows: -

"15.—(1) If a court finds a person guilty of an offence; it may, subject to any specific provision relating to the offence, and subject to the provisions of this Decree—

(c) record a conviction and make a drug treatment order in accordance with regulations made under section 30;"

Although section 30 is subject to regulations which have not been promulgated yet, the Decree provides the Court with the option of imposing such an order. In addition the recommendation from the Medical Superintendent is for further assessment and treatment.

You clearly understood that what you were doing at the time was not right yet you persisted in your actions. Your actions deserve the sanction of the Court however imposing a sentence of imprisonment on you is not appropriate in the circumstances. An order pursuant to section 45 of the Sentencing and Penalties Decree is more appropriate.

Inoke Koroi your conviction will stand for the next 18 months and I order you to enter into a bond for the sum of $500 to be bound over to this Court for the period of 18 months.

For the period of your bond your will observe the following conditions: -

(a) You will present yourself to St Giles Hospital for treatment and assessment on the 8th of April 2013 and in intervals thereafter at the direction of the authorities at St Giles Hospital.

(b) St Giles will provide a report of the progress of your treatment to the Court at the end of three months

(c) You will abide by any of the treatments prescribed to you as part of your treatment

(d) You will keep the peace and be of good behaviour

If you honour this bond and receive no adverse reports within your bond period of 18 months, then your conviction will be set aside and you will be discharged.

28 days to appeal

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Usaia Ratuvili
Chief Magistrate

3rd April 2013