State v Nand [2014] FJMC 12; Criminal Case 295.2013 (15 January 2014)

IN THE MAGISTRATE COURT OF FIJI
AT RAKIRAKI
CRIMINAL JURISDICTION

CRIMINAL CASE NO. 295/13

BETWEEN:

THE STATE

AND:

JAYA KRISH NAND

Prosecution: PC Nitesh
Accused: In Person

SENTENCE

1. Jaya Krish Nand you pleaded guilty to the offence of Contravening to Condition of off License contrary to section 36 of the Liquor Act No.8 2006.
   
2. You pleaded guilty voluntarily to the charge and also admitted the facts read and tendered by prosecution.
   
3. The Court being satisfied that your guilty plea being unequivocal convicted you as charged.
   

Facts

4. On 23rd November 2012 at Penang Rakiraki at 5am you being the licensee of Ratnam Liquor Shop supplied 7 x 750ml of Fiji Bitter after permitted hours.
   

On the day and time in question police were on patrol when they noticed a person namely Filipe George loading liquor into a carrier from your shop outside permitted hours.
The beer bottles were seized by police, you were arrested caution interviewed and charged accordingly.

Mitigation

5. You mitigated and I take the following in your favor:
   
   • First offender.
   • Pleaded guilty.
     

Aggravating

6. Aside the elements of the offence I don't see any aggravating features from the circumstances of the offence.
   

Tariff

7. The prescribed penalty for the offence is on first conviction a maximum fine of $5000 or to imprisonment for a term not exceeding 3 years or to both such fine and imprisonment.
   

Sentence

8. Taking into consideration your mitigation and prescribed penalty I order that you pay a fine of 3 penalty units ($300.00) in default 30 days imprisonment.
   
9. You have 14 days to pay your fine. Matter for review in 14 days.
   
10. 28 days to appeal.
    

Samuela Qica
Resident Magistrate

15th January 2014