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State v Rokoone [2010] FJMC 68; Criminal Case 292 of 2010 (9 July 2010)

IN THE MAGISTRATE'S COURT AT LAUTOKA

Criminal Case No 292/10

BETWEEN

THE STATE

AND

SAINIANA ROKOONE

SENTENCE

1. You Sainiana Rokoone are to be sentenced upon pleading guilty to the charge of obtaining money by false pretence contrary to section 309(a) of the Penal Code.
   
2. The maximum punishment for this offence is five years. In this case I pick my starting point as 18 months.
   
3. It was revealed that you have misled the complainant who is a Mataqali clan member in 2008 by saying that you work for the Prime Ministers Office and mainly deals with land issues of the country.
   
4. You have asked for money from the complainant to assist them in returning the ownership of the land where the FSC mills sits on in Lautoka. You have obtained 17675 dollars from the complainant which he collected from Mataqali members of the Yavusa Saru.
   
5. You have told the complainant that this money is needed as the Court injunction fees and for submission of paper gazette on land issues to support their Civil Case in High Court.
   
6. Later when the complainant didn't hear about you after obtaining money, the complainant discovered that you do not work for the Prime Ministers Office and the complainant had reported this matter to Police in October 2009.
   
7. Only when you were arrested on the 13th May 2010 for another case, you were produced for this case as well.
   
8. It was further revealed that you spent this money on liquor and with friends.
   
9. It appears that you have misled and deceived the complainant and the other members of his clan. You have obtained this money by falsely pretending to be an officer from the Prime Ministers Office. You have taken the advantage of and misused the faith and trust kept on public offices by the people.
   
10. In recent times the court observed many instances where members of the public are cheated by persons pretending to be officers of the state and taking money on false promises to find employments, lands and etc.
    
11. The court has a duty to deter this kind of impermissible actions before the members of the public loose faith in public offices. Further the court has to send a stern message to those who are minded to indulge in this kind of actions.
    
12. You have committed this offence in a well planned manner. A substantial amount of money is obtained by you and nothing has been recovered by the Police.
    
13. For the aggravating circumstances I enhance the sentence by 6 months.
    
14. In mitigation you said that you are sorry for what you did and that you know what you did is wrong. You said that you deprived people of money by taking in to your own benefit. You apologized and said sorry for taking time of the Court and Police Officers.
    
15. Further you said that you are ready to accept what ever the sentence is given for this.
    
16. It appears that you are remorseful of your actions. The court takes in to consideration other mitigatory factors you mentioned as well in sentencing.
    
17. You pleaded guilty saving the time of this court. Prosecution informed court that you are a first offender, though you are serving a jail term for some other matters.
    
18. For the mitigatory circumstances I reduce your sentence by 3 months.
    
19. The nature of the charge and the circumstances of this case do not warrant this court to impose a non custodial sentence.
    
20. Thus I impose 21 months imprisonment on you. You are eligible for parole after 12 months.
    

28 days to appeal.

Rangajeeva Wimalasena
Resident Magistrate

Lautoka
09.07.2010