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State v Dalituicama [2010] FJMC 154; Criminal Case 1560.2009 (28 June 2010)

IN THE RESIDENT MAGISTRATE'S COURT AT SUVA

Criminal Case No: 1560 of 2009

STATE

V

MISA DALITUICAMA

For Prosecution: Sgt. Reddy
Accused: Present in Person
Date: 28-06-2010

SENTENCE

1. You MISA DALITUICAMA, are here to be sentenced on your guilty plea to the following offences namely:
   
   1. Keeping Firearms without a Licence contrary to sec. 4(2)(a) of the Arms and Ammunitions Act Cap 188
      
   2. Carrying Firearm in a Public Place without Lawful Excuse, contrary to sec. 46(1) of the Arms and Ammunitions Act Cap 188
      
2. According to the facts (which you have admitted), on 24th December 2008, you have approached the manager of Lokia Shopping Centre and had tried to sell a gun and four rounds of ammunition for $400. Complainant had informed the fact to the Police and on advice of the Police had bought it for $200. You have divided the money with the others.
   
3. Maximum sentence prescribed by law under sec 4(2)(a) of the Arms and Ammunition Act varies according to the area of which the offence is committed. If it was in a prohibited area, maximum sentence is for 10 years imprisonment and in other areas it is for 05 years imprisonment. Maximum sentence for an offence punishable under S. 46(1) is 05 years imprisonment.
   
4. You are a first offender and you plead guilty to the charge in the first available opportunity. In mitigation you seek forgiveness of the Court and you are 19 years old.
   
5. Carrying a firearm with live ammunitions is a very serious offence and should not be considered lightly.
   
6. However, considering your young age and the previous good character, I sentence you to 02 years imprisonment and suspend that term for five years.
   
7. If you commit any other offence during this 05 years period and found guilty by a Court, you are liable to serve 02 years imprisonment in addition to any other punishment.
   
8. 28 days to appeal.
   

On this Monday the 28th of June 2010

Kaweendra Nanayakkara
Resident Magistrate