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State v Mala [2012] FJMC 357; Nadi Criminal Case 1115.2011 (24 June 2012)

IN THE RESIDENT MAGISTRATES COURT
AT NADI WESTERN DIVISON
[CRIMINAL JURISDICTION]

NADI CRIMINAL CASE NO. 1115 OF 2011

BETWEEN:

STATE

AND:

SANGETA MALA

Before : Mr. M. H. Mohamed Ajmeer, Resident Magistrate, Nadi
Date : Monday 24 June 2012

Appearances
For The State : WPC Ana
For Accused : Present, Ms. Sharma (LAC)

SENTENCING

1. You are charged with one count of Indecently Annoying Any Person contrary to Section 213(1) (a), one count of Escaping from Lawful Custody contrary to Section 196 and one count of Resisting Arrest contrary to Section 277(b) of the Crimes Decree 2009, No. 44 of 2009.

2. The charges read as follows:

First Count
Statement Of Offence

INDECENTLY ANNOYING ANY PERSON: Contrary to Section 213(1)(a) of Crimes Decree number 44 of 2009.

Particulars Of Offence

SANGEETA MALA on the 24th day of December, 2011 at Nadi in the Western Division with intent to insult the modesty of RAVI KRISHNA GOUNDER uttered the word 'FUCKING BITCH" intending that such words be heard by the said Ravi Krishna Gounder.

Second Count
Statement Of Offence

ESCAPING FROM LAWFUL CUSTODY: Contrary to Section 196 of the Crimes Decree no. 44 of 2009

Particulars Of Offence

SANGEETA MALA on the 24th day of December, 2011 at Nadi in the Western Division being in lawful custody of POLICE SERGEANT NUMBER 1834 ESIRA escaped from such custody.

Third Count
Statement Of Offence

RESISTING ARREST: Contrary to Section 277(b) of Crimes Decree number 44 of 2009.

Particulars Of Offence

SANGEETA MALA on the 24th day of December, 2011 at Nadi in the Western Division resisted arrest to POLICE CONSTABLE NUMBER 3881 FILISE in due execution of his duty.

3. You pleaded Guilty to all 3 charges and admitted Summary of Facts outlined by the Prosecution and were convicted as charged.

4. Guilty plea, previous good character and remorse were your mitigations.

5. In your personal circumstances you stated that you are 22 years old and single and reside at Korovuto, Nadi with your parents. You are a domestic worker.

6. As circumstances of the offending your Counsel submitted that:-

"The Accused was a patient of the Complainant. She did not like what the Complainant did to her on the last occasion she went to him for treatment. The Complainant alleged that she might have been raped and he commented on her dirty clothes.

Therefore, on the day of the offending, she saw the Complainant and wanted to enquire why the Complainant assumed that she might have been raped. The Complainant brushed her off and swore at her saying for to "fuck off". That why the Accused swore at the Complainant.

The Accused once taken to the Police Station she did not know that she had to remain in the police station after questioning. She left but when the officers ran after her she got scared and ran as well.

However, she did not know the procedure at the police station and was not informed what she was supposed to do. Hence her resisting arrest".

7. Pursuant to Section 4(1) of the Sentencing and Penalties Decree 2009 (SPD) the only purposes for which the sentencing may be imposed by a Court are:

(a). to punish the offenders to an extent and in a manner which is just in all circumstances; and

(b). to establish the conditions so that rehabilitation of offenders may be promoted and facilitated.

8. The Court has numerous options in sentencing offenders pursuant to Section 15(1) of the SPD 2009 which include:

(i). custodial sentence of term of imprisonment;

(ii). a term of imprisonment, partly in custody and partly in community;

(iii) a term of imprisonment that is wholly or partly suspended.

9. The offence "Indecently Annoying Any Person" carries a maximum penalty of imprisonment for 1 year; "Escaping from Lawful Custody" carries a maximum penalty of 2 years while "Resisting Arrest" is mandated with a maximum penalty of 5 years imprisonment.

10. In your case I propose to fix a sharp sentence on each count. In doing so, I have considered your Guilty plea, mitigation and the fact that you are a 1st time offender. There are no greater aggravating factors in your case. You had already spent three months in remand custody.

Accordingly I fix you sentence as follows:

(1) Count 1 - 4 months imprisonment;

(2) Count 2 - 6 months imprisonment, and

(3) Count 3 - 12 months imprisonment.

11. Considering the totality principle I order that you serve these sentences concurrently with each other hence in total you must serve 12 months imprisonment.

12. You are a young 1st offender. Now, you understand the gravity of your action and consequences of breaking the law. You look after your parents and express deep remorse and promise that you will not re-offend. In the circumstances acting under Section 26(1) of the SPD suspend the sentence for a period of 3 years from today.

13. You should not re-offend during the operational period of the suspended sentence. If you re-offend during operational period you will be liable to prosecution and you sentence may be activated.

14. You have twenty eight (28) days to appeal.

Order

15. You are hereby sentenced to 12 months imprisonment suspended for three (3) years from today.

M. H. Mohamed Ajmeer
Resident Magistrate

At Nadi