State v Kotobalavu [2016] FJMC 148; Criminal Case 340.2016 (31 May 2016)

IN THE RESIDENT MAGISTRATE'S COURT
AT NAUSORI
IN THE REPUBLIC OF FIJI ISLANDS

Criminal Case No: 340/16

State

.v.

Tuimoala Kotobalavu

Prosecution: PC Abinash, Police Prosecutor.
Accused: In Person.

SENTENCE

Tuimoala Kotobalavu, you are today being sentenced for absconding bail, contrary to Section 2 of the Bail (Amendment) Decree 2012. You have chosen to represent yourself. You have pleaded guilty on your own free will. When the facts were read out and put to you, you have admitted the facts. This Court notes you are not a first offender.

Your mitigation is as follows: 31 years old, married recently, wife at home and expecting a child, sole breadwinner casual worker and seeking forgiveness.

The maximum for absconding bail is $2000 fine or 1 year imprisonment. The Tariff is between 3 to 6 months.

This Court takes a starting point of 4 months (16 weeks). For the guilty plea this court gives 4 weeks discount. For the mitigation and time spent in custody this court gives further discount of 4 weeks. Your sentence for absconding bail is 8 weeks imprisonment.

This court has carefully considered whether to suspend you sentence or not. You are not a first offender to deserve leniency of the Court. You have total disregard for the laws of this country. For these reasons this court will not suspend your sentence.

8 weeks imprisonment for absconding bail.

You have 28 days to appeal.

Chaitanya Lakshman
Resident Magistrate

31^st May 2016