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State v Namua [2010] FJMC 123; Criminal Case 401 of 2009; 538 of 2009; 154 of 2010 (14 October 2010)

IN THE MAGISTRATE'S COURT AT LAUTOKA

Criminal case No 401/09, 538/09 and 154/10

BETWEEN

THE STATE

AND

PAULA NAMUA

SENTENCE

1. You, Paula Namua are to be sentenced upon pleading guilty to the charges in the following cases.
   

Case No 401/09

Count 1- Escaping from lawful custody contrary to section 138 of the Penal code.

Case No 538/09

First count- Assaulting police officer in the due execution of his duty contrary to Section 247(b) of the Penal Code.

Second count- Escaping from lawful custody contrary to section 138 of the Penal code.

Case No 154/10

Count 1- Escaping from lawful custody contrary to section 196 of the crimes Decree

2. The maximum sentence for escaping from lawful custody is 2 years and 5 years for assaulting a police officer. I pick my starting point as 9 months for escaping from lawful custody and I pick my starting point for assaulting a police officer as 12 months.
   
3. It was revealed that in case No 401/09 that you were admitted at the Lautoka Hospital pending investigations against you. On the 23rd January 2009 your handcuffs were removed for you to have dinner. Whilst PC 2240 Arvind, the officer who was in guard duty, was attending to another prisoner you escaped from his custody climbing through the window.
   
4. It was revealed in case No 538/09 that on the 19th May 2009 when you were further remanded by the court you were escorted to the ground floor of the court building. You requested to relive yourself and at the entrance to the toilet you picked a stone and threw at the escorting officer. Then you ran away. You were arrested later on the 23rd June at your girl friends house.
   
5. In case No 154/10 You escaped from lawful custody when you were escorted to Lautoka Magistrate's court. You escaped with three other persons. According to summary of facts on the 26th March 2010 you with another 9 prisoners were escorted to the Lautoka Magistrate's court . You managed to escape with three others whilst you were kept in the Police vehicle. Later you were arrested by the Police.
   
6. When prisoners escape from lawful custody the state has to spend resources unnecessarily to re arrest them. Further it creates panic in the society. It creates an unsafe environment for the public to engage in their normal activities. Escaping from lawful custody has become a frequent offence and it invariably hampers the criminal administration of justice system.
   
7. The court has to impose appropriate sentences sufficient enough to deter you and the others as well.
   
8. For the aggravating circumstances in this case I enhance the sentences for escape from lawful custody by 12 months. I do not enhance the sentence for assaulting a police officer as I do not see any aggravating features.
   
9. In mitigation the legal aid counsel said on your behalf that;
   

25 years. Married. Has 2 year old son. Was working for your father. You were intimidated and tortured by the police. You were treated at the hospital for the injuries caused by police assault. You did not want to go to prison. That's why you escaped. You confessed at the caution interview. Your wife and son solely rely on you. You learnt a lesson. A non custodial sentence would give you a chance to correct yourself. You were in remand for 12 months. Ask for forgiveness. Seek leniency. You are extremely remorseful."

10. You were in custody for a number of cases against you. After escaping from custody you were again remanded in custody. Thus since 29th March 2010 you have been in custody in case No 154/10. Further I consider the fact that you pleaded guilty saving the time of this court.
    
11. For the mitigatory circumstances I reduce the sentences for escaping from lawful custody by 9 months and for assaulting a police officer by 6 months.
    
12. As it was earlier highlighted that escape from lawful custody is a serious offence and it has become a frequent offence now. The court has a duty to impose appropriate sentences in this type of cases to deter you and others as well. Further court has to signify that the court and the society denounce this type of actions.
    
13. I do not think the circumstances of this case warrant this court to impose a non custodial sentence.
    
14. Thus I impose the sentences in the following manner;
    

Case No 401/09

Count 1 – I impose 12 months imprisonment

Case No 538/09

Count 1 – I impose 6 months imprisonment

Count 2- I impose 12 months imprisonment

Case No 154/10

Count – I impose 12 months imprisonment.

15. I order the sentences for the first and second counts in Case No 538/09 should run consecutively. However having considered the time you were in custody and the other mitigatory factors I order that the sentences imposed in all three cases should be concurrent to each other. Further the total sentence should run concurrently to the sentence imposed in case No 418/10.
    
16. You are eligible for parole after 6 months.
    

28 days to appeal.

Rangajeeva Wimalasena
Resident Magistrate
Lautoka

14.10.2010