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State v Robanakadavu [2016] FJMC 213; Criminal Case 498.2015 (7 October 2016)

IN THE MAGISTRATE’S COURT
NAUSORI
REPUBLIC OF FIJI ISLANDS

Criminal Case No. 498 of 2015
684/2016

State

v.

Jona Robanakadavu

For State: PC Abinash
Accused : Present – Mr N. Tuifagalele

BAIL RULING

Introduction

This is an application for bail;by the accused. The aphe applicant is charged obtaining financial advantage by deception (498 of 2015) and absconding bail (684 of 2016). Another file before this Court is that of Nausori Town Council and the accused (651/2015) where a committal warrant was issued.

Section 3(1) of the Bail Act provides th a ansed hasd has the right to be released on bail unless it is n thi interesterests of justice that bail should be granted. Consistent with prin, section 3(3) of the Act provides that there is e is a prea presumption in favour of the granting of bail to a persut a person wson who os theting of bail may seek to rebut the presupresumptiumption. In determining whether a presumption is rebutted, the primary conation in deciding whether to grant bail&#1 the lihe likelihoodihood of the accused person appearing in court to answer the charges laid against him or her (section 17(2)).

Where bail is oppoSection 18(1) of thef the Bail Aquiret the the party oppo opposing b160;address the following wing three considerations:

(a) the likelihood of the accused personendero cusand appearing in court;

(b) the inte interesterests of the accused person;

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(c) the public interest and the protection of the community.

Section 19(1) of the Bail Act provides that an accperd person must be granted bail;by a court unless:

(a) the accused person is unlikely to surrender to custody and appear in courtnswerchargid;

(b) the interests of s of the athe accused person will not be served thro through the granting of bail ; >

Section 19 (2) of the Act sets out a series of considensideratiorations that the court must take into account in determining whether or not any of the three matters mentioned in section 19 (1) are established. These matters are:

(a) as regards the likelihood of surrender to custody –

(i) the accused person’s background and community ties (including residence, employment, family situation, previous criminal history);

(ii) any previous failure by the person to surrender to custody or to observe b160; conditions;

(iii) the circumstances, nature and seriousness of the offence;

(iv) the strength of the prosecution case;

(v) the severity of tkely penalty if the person rson is found guilty;

(vi) any specific indications (such as that the person voluntarily surrendered to the police at the time of arrest, or, as a contrary indication, was arrested trying to flee the country);
(b) as regards the interests of the accused person –

(i) the length of time the person is likely to have to remain in custody before the case is heard;

(ii) the conditions of that custody;

(iii) the need for the person to obtain legal advice and to prepare a defence;

(iv) the need for the person to beat liberty for other lawful purposes (such as employment, education, care of dependants);

(v) whether the person is under the age of 18 years (in which case section 3(5) applies);

(vi) whether the person is incapacitated by injury or intoxication or otherwise in danger or in need of physical protection;
(c) as regards the public interest and the protection of the community –

(i) any previous failure by the accused person to surrender to custody or to observe bail&#conditions;

(ii) the likelihood of the person interfering with evidence, witnesses or assessors or any speciaffected person;

(iii) the likelihood of the accused person committing an arre arrestable offence while on bail&#16i>