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State v Dakunimarama [2013] FJMC 31; Criminal Case 92.2013 (25 January 2013)

IN THE RESIDENT MAGISTRATE'S COURT OF FIJI
AT SUVA

Criminal Case No: 92/13

STATE

V

IFERIMI DAKUNIMARAMA

Prosecution : Sgt Jitendra, Police Prosecutor.
Accused : in person.

SENTENCE

1. You, Iferimi Dakunimarama are here today to be sentenced following the admission of 'guilt' on your own accord and free will in this Court on 11.01.2013, for committing the offence of 'Escaping from lawful custody' under Section 196 of the Crimes Decree No 44 of 2009.
   
2. You waived your right to representation.
   
3. According to the Summary of Facts, on 09.01.2013 you were in the police custody at Nabua police station for another case of Defilement. You have requested the police officer to escort you to the rest room. Whilst the Detective Constable was waiting outside, you escaped from his custody and jumped over the fence of the police station. This was witnessed by another police officer who was engaged in a traffic lecture at the back of the station. This led the officers to re-arrest you from an industrial subdivision of Vatuwaqa later during the day.
   
4. You admitted this summary of facts and the Court convicts you as charged.
   
5. You admitted the previous conviction which was recorded in 2008 but it was not on a similar offence.
   
6. According to the Crimes Decree No 44 of 2009, the offence of 'escaping from lawful custody' falls under the category of 'Offences against the administration of lawful authority'. The maximum penalty for the offence is two years imprisonment.
   
7. Upon a perusal of the relevant case law, the Tariff for the above offence had varied as follows:
   
   • (i) The tariff is between 1 to 9 months imprisonment and the starting point should be 6 months. (Savenaca pe v State [1997] HAA 0024/97; 29 May 1997)
     
   • (ii) 06 months is within the tariff. (Sakiusa Basa v State [2005] HAA 0084/05S; 16 September 2005)
     
   • (iii) Where the accused had escaped from government buildings the starting point should be 09 months. (Elefasi Kilikiti v State [2004] HAA 077/04S; 16 September 2004)
     
8. In view of the foregoing, I select 06 months imprisonment as the starting point for your offence. It appears that there was no force used to commit the offence and therefore I note that there are no aggravating factors in the offence.
   
9. Your period of imprisonment remains at 06 months.
   
10. In mitigation, you informed Court that you are 23 years old; single man; earns around $90 a week; asked for a non custodial sentence; promise not to re-offend.
    
11. I observe that you have pleaded guilty in the first available instance and for your early guilty plea you are entitled to 1/3 reduction from your period of imprisonment. (Akili Vilimone v State Cr.App. HAA 131/2007). Therefore two months is deducted from the sentence.
    
12. Your term of imprisonment now stands at 04 months.
    
13. Having considered your previous criminal record the Court notes that, you are not entitled to any further reduction on your term of imprisonment. Your final period of imprisonment now stands at 04 months.
    
14. I am mindful of the fact that a sentence below two (02) years could be suspended in terms of Section 26(2)(b) of the Sentencing and Penalties Decree 2009.
    
15. You escaped at a time where there were investigations against you for another matter. This shows that you were not willing to co-operate with the law enforcement authorities as a law abiding citizen of the society. You took the advantage of a busy routine of the police station and escaped from the police officer who escorted you. Hence there are no compelling reasons for me to consider a suspension of your sentence.
    
16. Therefore Iferimi Dakunimarama today you are sentenced 4 months imprisonment for the offence of 'Escaping from lawful custody' under section 196 of the Crimes Decree No 44 of 2009.
    
17. Twenty eight (28) days to appeal.
    

Pronounced in open Court,

Yohan Liyanage
Resident Magistrate

25th January 2013