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State v Nimacere - Sentence [1994] FJHC 92; Hac0006t.93s (11 August 1994)

IN THE HIGH COURT OF FIJI
SUVA
CRIMINAL JURISDICTION

CRIMINAL CASE NO. HAC0006 OF 1993

STATE

-v-

ALIFERETI NIMACERE

CHARGE: Counts: 1st & 2nd Count-
Act Intended To Prevent Arrest - Contrary to
Section 224 (a) & (b) of the Penal Code, Cap. 17.

Ms Kaimacuata for the State
Accused in person

SENTENCE

This is yet another sad case where another young Fijian lad had had a series of breaches of the law since 1980. All together he has had a long list of previous convictions numbering 50 in all. The Accused has been sent to prison on a number of occasions but he appears not have mend his own way.

The offences he committed are very serious in that he used a lethal weapon to stab both Constables Naitala and King in his attempt to escape arrest. Police officers are often exposed to great dangers in confronting people like the Accused and the Court must impose a deterrent sentence to deter Accused and likes of him from committing similar offences.

The record of Accused's previous conviction paints a very gloomy future indeed for the accused and his family unless he change and mend his way.

The Accused is now serving a term of 8 years for Robbery With Violence and I have taken this into account in deciding on the appropriate sentence against him.

The Sentence of the Court is 5 years Imprisonment on each of the two counts and both terms are to be served concurrently but consecutive to the term of imprisonment he is currently serving.

R.A. 28 days

S W Kepa
JUDGE

11th August, 1994.

HAC0006T.93S