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State v Nala [2013] FJMC 117; Criminal Case 328.2013 (22 March 2013)

IN THE MAGISTRATES COURT AT NASINU

Criminal Case No. 328/2013

STATE

-v-

AVIUTA NALA

PC Sanil for the Prosecution
The accused appear in person.

1] The Accused is arrested and produce for following charges;

CHARGE:

FIRST COUNT

Statement of Offence [a]

GOING EQUIPPED FOR THEFT: Contrary to Section 315 (1) of the Crimes Decree No. 44 of 2009.

Particulars of Offence [b]

AVIUTA NALA AND ANOTHER, on the 3rd day of March 2013 at Nasinu in the Central Division, when not at home has with him pieces of hose pipe with 7 plastic 20 liter gallon with intent to use on the course of theft of fuel.

SECOND COUNT

Statement of Offence [a]

GIVING FALSE INFORMATION TO PUBLIC SERVANT: Contrary to Section 201 of the Crimes Decree No. 44 of 2009.

Particulars of Offence [b]

AVIUTA NALA AND ANOTHER, on the 3rd day of March 2013 at Nasinu in the Central Division, gave information to Police Constable 4581 Varinava Sabua employed in the Fiji Police Force, his name as Belena Naisoro which he believes to be false.

2] At the very outset the accused pleaded guilty to the charge. This is a court number 2 matter. However you said that you wish to take your plea before this court which I allowed it. I am satisfied with that the accused's plea is unequivocal and he understands the repercussion of his plea.

3] The SUMMARY OF FACTS, which the accused has agreed, can be summersised as follows; On the 3rd day of March, 2013 at about 3am Khalsa Road, accused 1, Aviuta Nala B1, 22 years standard concrete worker of Kellend Street, Narere another was in possession with 7 empty 20 liter gallon and some hose pipes by IP Semi Talawadua PW1, 52 years of Valelevu Police Station. On the above mentioned date, time and place PW1 was on Police patrol when PW1 saw the accused with two others. PW1 than got off the Police vehicle and one of the accused ran away. PW1 then questioned the accused seize the empty gallon and the hose pipe and escorted him to the Police Station. The accused was being questioned at Valelevu Police Station and he gave his name as Belena Naisoro and later it was being discovered that his name is Aviuta Nala.

4] The maximum sentence of these offences is as follows;

GOING EQUIPPED FOR THEFT:

"315. — (1) A person is commits a summary offence if he or she, when not at home, has with him or her any article with intent to use it in the course of, or in connection with, theft or a property offence.

Penalty — Imprisonment for 3 years".

GIVING FALSE INFORMATION TO PUBLIC SERVANT:

"201. If a person (the first person) gives to any person employed in the public service any information which he or she knows or believes to be false, and intending to cause, or knowing it to be likely that the first person will cause the person employed in the public service —

(a) to do or omit anything which such person employed in the public service ought not to do or omit if the true state of facts respecting which such information is given were known to him; or

(b) to use the lawful power of such person employed in the public service to the injury or annoyance of any person —

the first person commits a summary offence.

Penalty — Imprisonment for 5 years".

5] No tariff is set by High Court for GOING EQUIPPED FOR THEFT. In Mofid Kasin Reaza v State [2009] HAA 42/09s 23 December 2009 His Lordship Temo, AJ enunciated that A short sharp 4 months prison was appropriate on a guilty plea of giving false information to a public officer, to teach the accused not to waste police's time.
5] There are no aggravating factors of these offences.
6] The Accused in his mitigation said that he is 22 years old, single employed at Standard Concrete. He earns $130 per week. The accused sought leniency and forgiveness of the court. He said he is looking after his mother. Therefore he seeks non custodial sentence. He is remorseful and remanded in custody till today.
7] You have one previous conviction for robbery with violence in 2009 by Suva High Court. You were given 12 months imprisonment and it was suspended for 2 years. Just after lapse of operational period of the suspended sentence, you committed this crime. You tried to mislead the police. Therefore, count 1 I impose 4 months imprisonment. For count 2 I impose 5 months imprisonment. Your sentence is reduced by 2 months for your early guilty plea and mitigation.
8] AVIUTA, This is your sentence;
Count 1: 2 months imprisonment
Count 2: 3 months imprisonment
The sentence is suspended for 3 years and you pay $75 fine for each count,
(Altogether $150 fine) in default 15 days imprisonment.
9] 28 days to appeal
On 22nd March 2013, at Nasinu, Fiji Islands,
Sumudu Premachandra [Mr.]
Resident Magistrate-Nasinu