State v Bokini - Sentence [2019] FJMC 51; Criminal Case 270 of 2017 (8 April 2019)

IN THE MAGISTRATES’ COURT OF FIJI AT TAVUA
CRIMINAL JURISDICTION

Criminal Case No: 270 - 2017
STATE
-v-
SEMESA BOKINI

For Prosecution: WPC Chand A. [ Police Prosecution ]

Accused: In Person, Waived Right To Counsel

Date of Sentence: 8^th of April 2019

SENTENCE

BACKGROUND

1. SEMESA BOKINI, you have pleaded guilty to the following charge:
   

Statement of Offence

ABSCONDING BAIL: Contrary to section 25 ( 1 ) ( a ) and 26 ( 1 ) of the Bail Act of 2002.

Particulars of Offence

SEMESA BOKINI on the 16^th day of October, 2017 at Tavua in the Western Division whilst released on bail by Tavua Magistrates Court, vide Tavua Criminal Case No: 291/16, fail to present himself at Tavua Magistrates Court.

2. I am satisfied that your guilty plea to the charge is voluntary and that you understand the consequence of your plea. The evidence also supports your guilty plea. Amongst other things, I have taken judicial notice of the record and your bail condition in Tavua Criminal Case 291/16. You have accepted it as well. You did not have any reasonable cause for failing to re-appear in court. I have found you guilty of the charge accordingly.
   
3. You were interviewed by police. You said that you went for a ‘soli’ in the village.
   
4. In court, you said that you forgot about your date in court.
   
5. You are a first offender.
   
6. You seek forgiveness. You are unmarried and you don’t have any children. You would be around 20 years old at the material time.
   
7. You have spent 25 days in remand which I would approximate as equivalent to 1 month.
   
8. The maximum sentence that is imposable by law for absconding bail can be a fine of up to $2,000 and or imprisonment up to 12 months.
   
9. The courts sentencing preference for this offence is by imposing a suspended sentence and even up to 9 months imprisonment [ Koroimeca v State [2019] FJHC 20; HAA74.2018 ( 29 January 2019 ) ].
   
10. I will not go through the theoretical exercise of outlining the aggravating features, mitigation, reducing your sentence for your guilty plea amongst other things.
    
11. Overall, your offending in this case is between a technical breach and having a cavalier attitude towards your case.
    
12. I can take into account the time you have spent in remand as time served but I will not for one main reason. You have been sentenced in your case, that is, Tavua Criminal Case 291/16 and you have had the benefit of having time reduced for time spent in remand. You will not get a double benefit.
    
13. I am of the view that a fine is appropriate for you in this case.
    
14. I impose a fine of $50 on you to be paid in 14 days. Default and you may spend up to 3 days in prison.
    
15. You are in custody for another High Court case. Being in remand is not a good reason to default in paying your fine. Make arrangements to pay even if you are in remand.
    
16. 28 days to appeal.
    

.....................................
Lisiate T.V. Fotofili
Resident Magistrate

Dated at Tavua this 8^th of April 2019