State v Waqa [2017] FJMC 10; Criminal Case 839.2016 (12 January 2017)

IN THE MAGISTRATE’S COURT
NAUSORI
REPUBLIC OF FIJI ISLANDS

Criminal Case No. 839 of 2016

State

v.

Isoa Waqa

For State: PC Semi
Accused : Present – In Person

Sentence

1. Isoa Waqa, you are today being sentenced for breaching conditions of bail, contrary to Section 2 of the Bail (Amendment) Decree 2012.
   
2. You were charged as follows:

Count One – Breaching Bail Conditions: Contrary to Section 2 of the Bail Amendment Decree No. 28 an amendment to Section 26 (1) of the Bail Act 2002.

Particulars of Offence

Isoa Waqa on the 8^th day of November 2016 at Nausori Magistrates’ Court in the Central Division being an accused person released on Bail with conditions to report in at Valelevu Police Station breached the condition of bail without reasonable cause.

Count Two – Breaching Bail Conditions: Contrary to Section 2 of the Bail Amendment Decree No. 28 an amendment to Section 26 (1) of the Bail Act 2002.

Particulars of Offence

Isoa Waqa on the 8^th day of November 2016 at Nausori Magistrates’ Court in the Central Division being an accused person released on Bail with conditions to remain in his house at 6pm to 6am breached the condition of bail without reasonable cause.

3. You chose to represent yourself. You pleaded guilty on your own free will to both the counts that you have been charged with. When the facts were read out and put to you, you admitted the facts. You did all this voluntarily.
   
4. The relevant Law is the Bail (Amendment) Decree 2012 is as follows: “2. Section 26 of the Bail Act 2002 is amended by deleting the section and substituting with the following –

"Penalty for absconding or breaching conditions of bail

(1) A person who has been released on bail and who fails without reasonable cause to surrender to custody, or otherwise without reasonable cause, breaches any condition of bail imposed by Court, commits an offence and is liable on conviction to a fine of $2,000 or 12 months imprisonment, or both."

(2) The burden is on the defendant to prove that he or she had reasonable excuse for failing to surrender to custody or for a breach of his or her bail conditions."

5. The Tariff for the Offence of absconding or breaching bail range from a non-custodial sentence to 6 months imprisonment (Raj v. State [2008] FJHC 74; HAA032.2008 (18 April 2008).
   
6. Your mitigation is as follows: 34 years old, married with one child, poultry farmer, father passed away, seeking forgiveness and admitted to wrong doing.
   
7. Having noted the nature of the offending for each count this Court takes a starting point of 5 months (20 weeks) for each count. For the guilty plea this court gives 3 weeks discount. For the mitigation and time spent in custody this court gives further discount of 7 weeks. Your sentence for breaching conditions of bail is 10 weeks in imprisonment.
   
8. This court has carefully considered whether to suspend you sentence or not. This Court has noted that you are not a first offender and despite being given a chance by this Court by granting you bail despite your previous convictions, you take things lightly. You do not respect the law. For these reasons this court will not suspend your sentence.
   

10 weeks imprisonment for each count of breaching conditions of bail. Each is to be served concurrently.

Count One – 10 weeks

Count Two – 10 weeks – Concurrent to Count One.

You have 28 days to appeal to the High Court if you are not satisfied with this sentence

Chaitanya Lakshman

Resident Magistrate

12^th January 2017