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State v Ali [2010] FJMC 130; Criminal Case 546 of 2010 (22 October 2010)

IN THE MAGISTRATE'S COURT AT LAUTOKA

Criminal Case No 546/10

BETWEEN

THE STATE

AND

AJMAT ALI

SENTENCE

1. You, Ajmat Ali are to be sentenced upon pleading guilty to the charge of disobedience of lawful orders contrary to Section 202 of the Crimes decree.
   
2. The maximum sentence for this offence is imprisonment for two years. In this case I pick my starting point as 6 months.
   
3. You were arrested on the 25th September 2010 at Drasa Avenue, Lautoka by a Police Officer for driving a motor vehicle registration No LT 1067 whilst being disqualified from driving by Lautoka Magistrate's Court. The summary of facts reads as follows;
   

" SC 1883 Rohinesh (PW 1)was on foot patrol with RAU officers and noticed that said Taxi came and pulled over to the left side of the road near Keshwa's Minimart. PW 1 approached the driver whom he knew was disqualified from driving or holding a driver's licence. PW 1 conveyed the accused to the Police Station and handed him to the charge room.

4. You were convicted and sentenced on the 16th July 2010 for driving motor vehicle whilst there was present in the blood a concentration of alcohol in excess of the prescribed limit in case no 1205/10. You were disqualified from holding or obtaining drivers licence for 3 months. You were ordered to surrender the licence on or before the 19th July 2010. However you did not comply with that order and the court has to issue a Bench Warrant. On the 03rd August 2010 you surrendered the licence and the court warned you released you for not complying with the court order.
   
5. The licence was taken in to the custody of the Court. But you came on a fresh charge in the present case. It appears that you drove your Taxi during this three months period.
   
6. The main purpose of disqualifying persons from driving is to deter the offenders and the others from committing traffic offences of serious nature. Disqualification is a mandatory requirement in cases of driving under the influence of liquor. It appears that if persons who are convicted and disqualified to drive ignore such orders it could pave the way for the break down of the whole system. These kinds of actions have to be nipped in the bud before it gets out of proportion.
   
7. If the public do not respect and abide by the lawful orders made by courts it could lead to chaos in the administration of justice system. It appears that this is not the first time you disobeyed the orders of the court.
   
8. For the aggravating factors I enhance the sentence by 3 months.
   
9. In mitigation you said that you came to buy milk for your one month old child. You said you have a 65 year old mother and a sister who is divorced to look after. You said sorry for what you did and said that you will not do it again. You asked for a fine or a suspended sentence to be imposed on you. However it should be noted that you give a different reason in the caution interview.
   
10. You pleaded guilty saving the time of this court.
    
11. For the mitigatory circumstances I reduce the sentence by 5 months.
    
12. You are not a stranger to this system. You admitted that you have 21 previous convictions. It does not appear that you learnt a lesson from your previous convictions.
    
13. I have borne in mind the purposes of sentencing according to section 4 of the Sentencing and Penalties Decree. In this particular case apart from imposing an appropriate sentence on you, the court has to be mindful of the deterrent effect on you and on the others who are minded to indulge in this kind of actions.
    
14. I do not think the circumstances of this case warrant this court to impose a non custodial sentence on you.
    
15. Accordingly I impose 4 months imprisonment on you.
    
16. You were in custody since 27th September 2010. I order that period to be regarded as a period of imprisonment already served by you.
    

28 days to appeal.

Rangajeeva Wimalasena
Resident Magistrate

Lautoka
22.10.2010