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State v Seru - Sentence [2014] FJMC 75; Criminal Case 553.2014 (7 May 2014)

IN THE RESIDENT MAGISTRATE'S COURT
AT SUVA
IN THE REPUBLIC OF FIJI ISLANDS

Criminal Case No: 553/14

State

V

Netani Seru

Prosecution: Cpl Vili, Police Prosecutor.
Accused: In person.

SENTENCE

1. Netani Seru, you are today being sentenced for absconding bail, contrary to Section 26 (2) of the Bail Act. You have chosen to represent yourself. You have pleaded guilty on your own free will. When the facts were read out and put to you, you have admitted the facts. This Court notes you are a first offender.
   
2. Your mitigation is as follows: 35 years old, married with one child, not employed, seek forgiveness from Police Force, Court and government, seek leniency, realise the wrong done and learnt lesson from time in remand.
   
3. The maximum for absconding bail is $2000 fine or 1 year imprisonment.
   
4. The Tariff is between 3 to 6 months.
   
5. This Court takes a starting point of 4 months (16 weeks). For the guilty plea this court gives 5 weeks discount. For the mitigation and time spent in custody this court gives further discount of 4 weeks. Your sentence for absconding bail is 7 weeks in imprisonment.
   
6. This court has carefully considered whether to suspend you sentence or not. You were a police officer; you have attained training as a policeman. You have knowledge of the laws. You chose to abscond for a long period of time. You did not voluntarily surrender to police. You have total disregard for the laws of this country. For these reasons this court will not suspend your sentence.
   

7 weeks imprisonment for absconding bail.

You have 28 days to appeal.

Chaitanya Lakshman
Resident Magistrate

7th May 2014