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State v Tanoa [2014] FJMC 7; Criminal Case 121.2013 (15 January 2014)

IN THE MAGISTRATE COURT OF FIJI
AT RAKIRAKI
CRIMINAL JURISDICTION

CRIMINAL CASE NO. 121/13

BETWEEN:

STATE

AND:

RASEKAIA TANOA & SULIANO RAMASIMA

Prosecution: PC Nitesh
Both Accused: Ms Tarai (Legal Aid Office)

SENTENCE

1. Rasekaia Tanoa & Suliano Ramasima you both pleaded guilty to Drunk & Disorderly contrary to section 4 of the Minor Offences Act, Cap 18.
   
2. You both admitted the facts when it was read and explained. You also stated that you were not forced to admit the offence and that you admitted the facts voluntarily.
   
3. The Court accepted your guilty pleas to be unequivocal and therefore convicted you both as charged.
   
4. The facts are on 9th December 2012 at 12.40am at Kings Road Rakiraki police were on patrol when the two of you were located at the junction to Penang Sugar Mill, fighting each other. Both of you were stopped by police and you continued to fight and swore at each other. Both of you were drunk and heavily smelt of liquor. You were arrested by police and taken to the station. Later you were caution interviewed and then charged.
   
5. Counsel prepared mitigations for both of you. The following factors are considered in your favors:
   
   • Guilty pleas.
   • First offenders.
   • Remorseful and seek leniency of the court.
     
6. I don't see any aggravating features except what is included as elements of the offence.
   
7. The prescribed penalty for this offence on conviction is a term of imprisonment not exceeding three months or a fine of $100 dollars.
   
8. Considering what has been mentioned, it would be appropriate in the circumstances to order that each of you pay a fine of 1 penalty unit ($100.00).
   
9. You both have 21 days to pay your fine. In default 10 days in prison.
   
10. This matter will be reviewed in 21 days.
    
11. I wish to point out that although this is a minor offence, the penalty imposed against you two is a conviction. The reason being offence is prevalent in community and there is a need for deterrence.
    
12. Further it cannot be said from the circumstances that offending is only a technical breach of the law. Neither can it be said that both of you are not morally blameworthy for the offence committed.
    
13. 28 days to appeal.
    

Samuela Qica
Resident Magistrate

15th January 2014