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State v Vasuca [2010] FJMC 115; Criminal Case 443 of 2010 (3 September 2010)

IN THE MAGISTRATE'S COURT AT LAUTOKA

Criminal Case No 443/10

BETWEEN

THE STATE

AND

VILITATI VASUCA

SENTENCE

1. You, Vilitati Vasuca are to be sentenced upon pleading guilty to the one count of escaping lawful custody contrary to Section 196 of the Crimes Decree and one count of serious assault contrary to Section 277(b) of the Crimes Decree.
   
2. The maximum sentence for escaping from lawful custody is imprisonment for two years and for serious assault is imprisonment for 5 years.
   
3. In this case I pick my starting point for the first count as nine months and for the second count as 12 months.
   
4. It was revealed that on the 07th July 2010 you were brought from Natabua prison to Lauotka Court you escaped from lawful custody. When you were escorted by PC 2240 Arvin to the cell with handcuff on, you pushed the officer and ran behind the court house and escaped.
   
5. On the 06th August 2010 at about 9.45pm SC 4334 Aisake Salato spotted you standing on the side of a road and you started running. SC 4334 Aisake gave a chase and managed to arrest you. In the process you hit SC 4334 Aisako's hand with a kitchen knife.
   
6. I have observed the following aggravating factors in this case;
   
   1. You escaped from the court premises.
      
   2. You escaped with handcuffs on.
      
   100. You were evading the court and Police for nearly one month.
        
   4. You assaulted the officer who came to arrest you.
      
7. For the aggravating factors I enhance the each sentence by 6 months.
   
8. You tendered a written mitigation and in that you said that you escaped from custody to see your 75 years old sickly father. You said that still you understand the severity of crime committed and the repercussions that arises from it. You asked for leniency and forgiveness and said that you deeply regret about your actions. Further you said that you apologized to the Police officers who escorted you. You said that you have spent time in prison before and seek a less custodial sentence.
   
9. It appears that you are remorseful of your actions. Further you pleaded guilty at the very out set. For the mitigatory factors in this case I reduce the sentence of each count by 9 months.
   
10. Escaping lawful custody has become a very frequent offence. It is alarming to note that for the last eight months only, ten incidents of escape from lawful custody were reported in this court. The state has to spend resources unnecessarily to re arrest these offenders. On the other hand it creates panic in the society and an unsafe environment for the public to engage in their normal activities. This kind of actions invariably hampers the smooth functioning of the criminal administration of justice system and the courts have to treat this kind of offences in a very serious manner.
    
11. The Sentencing and Penalties Decree sets out the following purposes for which sentencing may be imposed by courts;
    
    1. to punish offenders to an extent and in a manner which is just in all circumstances
       
    2. to protect the community from offenders
       
    100. to deter offenders or other persons from committing offences of the same or similar nature
         
    4. to establish conditions so that rehabilitation of offenders may be promoted or facilitated
       
    5. to signify that the court and the community denounce the commission of such offences
       
12. I am of the view that the seriousness of the offences you are charged with and the facts of this case warrant this court to impose a non custodial sentence on you. The sentences imposed by courts should reflect one or more of the above purposes. You are not a stranger to the system and you admitted that you have 11 previous convictions. It does not appear that you learnt lessons from your previous convictions.
    
13. Accordingly I impose sentences in the following manner;
    

1st Count – I impose 6 months imprisonment

2nt Count- I impose 9 months imprisonment.

14. I order that both sentences should run consecutively and you are eligible for parole after 9 months.
    

28 days to appeal

Rangajeeva Wimalsena
Resident Magistrate

Lautoka
03.09.2010