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State v Madanawa [2010] FJMC 75; Criminal Case 18 of 2010 (6 August 2010)

IN THE MAGISTRATE'S COURT AT LAUTOKA

Criminal Case No 18/10

BETWEEN

THE STATE

AND

1. THOMASI MADANAWA
2. JOSAIA NAMUATIQE
3. JOSAIA VAKALALA
4. DIRI YALAYALA
   

RELEASE AFTER CONVICTION

1. You, Thomasi Madanawa, Josaia Namuatiqe, Josaia Vakalala and Diri Yalayala are convicted upon pleading guilty to the charge of larceny contrary to Section 259 read with Section 262 of the Penal Code.
   
2. The maximum sentence for this offence is imprisonment for five years.
   
3. It was revealed that on the 26th December 2009 you have stolen vehicle parts worth of 1800 dollars belonged to the complainant. The security officer who was on duty at that time has seen you running away with the vehicle parts. He has followed you and you have returned all the vehicle parts stolen when confronted.
   
4. In mitigation you, Thomasi Madanawa said that you are 18 years and that you seek courts forgiveness. You, Josaia Namuatiqe asked for forgiveness and said that you are schooling. Further you said that you 18 years of age. You, Josaia Vakalala and Diri Yalayala said that you two are 18 years and still schooling.
   
5. All of you are first offenders and you pleaded guilty at the very outset.
   
6. Since you are offenders of very young age, the court called for social welfare reports with appropriate recommendations before sentencing. According to those reports the court is satisfied that all of you are remorseful of your actions and that you should be given a second chance to become law abiding citizens.
   
7. In the above circumstances I decided to act under section 44 of the Sentencing and Penalties Decree No 42 of 2009. Accordingly I adjourn the proceedings for 12 months period and release each of you after conviction upon giving an undertaking to comply with the following conditions.
   
8. Thomasi Madanawa -
   
   1. You should appear in court on notice.
      
   2. You should be of good behaviour for one year.
      
   100. The principal of Navesau High School is appointed as your probation officer and you should accept him as your probation officer.
        
   4. The welfare officer in Nausori will monitor the progress of your academic performance.
      
   5. You should continue you're your education at Navesau High School.
      
   6. You should receive counselling once a week from the school counsellor.
      
9. Josaia Namuatiqe -
   
   1. You should appear in court on notice.
      
   2. You should be of good behaviour for one year.
      
   100. The welfare officer in Lautoka is appointed as the probation officer and you should report to the probation officer once a fortnight.
        
   4. You should go to the reverend of the Methodist church at Namoli village for counselling once a week.
      
   5. Should not enter any amusement centres during this period.
      
   6. Should continue secondary education at Ba Provincial School.
      
10. Josaia Vakalala –
    
    1. You should appear in court on notice.
       
    2. You should be of good behaviour for one year.
       
    100. The welfare officer in Lautoka is appointed as the Probation officer and you should report to the probation officer once a fortnight.
         
    4. You should continue your education at Ba Provincial School.
       
    5. Should not enter any amusement centres during this period.
       
    6. You should go to the Methodist Pastor at Namoli church for counselling once a week.
       
11. Diri Yalayala –
    
    1. You should appear in court on notice
       
    2. You should be of good behaviour for one year
       
    100. The welfare officer in Lautoka is appointed as your probation officer and you should report to him once a fortnight
         
    4. You should go to the Methodist Minister at the Namoli church for counselling once a week
       
    5. Should not enter any amusement centres during this period
       
12. If the court does not receive any adverse reports during this period you will be discharged after one year under Section 44(6) of the Sentencing and Penalties Decree.
    

28 days to appeal.

Rangajeeva Wimalasena
Resident Magistrate

Lautoka
06.08.2010