Regina v Butadroka [1977] FJSC 103; Criminal Case 10 of 1977 (11 March 1977)

IN THE SUPREME COURT OF FIJI
CRIMINAL JURISDICTION

Criminal Case No. 10 of 1977

REGINA

v

SAKEASI BUTADROKA,
IONA WALISOLISO &
JONE KAMA

JUDGMENT

I have directed myself along the lines of my summing up and accept the unanimous decision of 1the assessors.

The first second and third accused are each convicted of the offence of taking part in an unlawful assembly contrary to section 80 of the Penal Code read with section 11 of the Public Order Act.

The first accused is convicted of the offence of Inciting Racial Antagonism contrary to section 17(1)(a)(iii) of the Public Order Act.

The first accused is convicted of the offence of Inciting Racial Antagonism contrary to section 17(1)(c) of the Public Order Act.

The second accused is convicted of the offence of Inciting Racial Antagonism contrary to section 17(1)(a)(iii) of the Public Order Act.

The second accused is acquitted of the offence of Inciting Racial Antagonism contrary to section 17(1)(c) of the Public Order Act.

Mr. Lindsay:

1st Accused - Previous Convictions 4 (Mr. Newman - Previous convictions admitted) Suspended sentence for 2 years.

2nd Accused - No Record

3rd Accused - 1 Previous Conviction (Mr. Newman - Previous Conviction admitted)

Mr. Newman in Mitigation:

Kama in custody for 10 days - other 2 from 15/4/77 to 23/5/77 in custody.

Butadroka suspended sentence. Magistrate suspended 6 months provided he not commit similar offence. Straight bond or suspended sentences - not to make martyrs of people.

1st Accused - Nothing to say

2nd Accused -" " "

3rd Accused-

Sentence

First Count - 1st accused convicted and discharged

Second Count - 2nd accused convicted and discharged

Third Count - 3rd accused convicted and discharged

Fifth Count - 1st accused sentenced to 6 months imprisonment

Sixth Count - 1st accused sentenced to 6 months imprisonment concurrent with 5th Count

Seventh Count - 2nd accused fined $100 or 3 Months

In view of Magistrate making suspended sentence of 6 months conditional on his not committing a similar offence and these offences not being similar. I make no order activating the sentence.

2nd accused granted 2 weeks to pay fine.

(SGD.) R. G. KERMODE
JUDGE