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State v Ram [2013] FJMC 137; Criminal Case 259.2012 (25 March 2013)

IN THE MAGISTRATE COURT OF FIJI
AT TAVUA
CRIMINAL JURISDICTION

CRIMINAL CASE NO. 259/12

BETWEEN:

THE STATE

AND:

JOTISHNA RAM

Prosecution: PC Dinesh
Accused: Mr Koya

SENTENCE

1. Jotishna Ram you pleaded guilty to Breach of Suspension Order contrary to section 28(1) of the Sentencing and Penalties Decree No. 42 of 2009.
   
2. You informed the court that you were not forced to admit the allegation and that you admitted the same voluntarily.
   
3. The Court therefore accepting that the plea was unequivocal convicts you as charged.
   
4. You were duly convicted by Ba Magistrate Court on 9th February 2011 for two counts of Obtaining Money by Deception. For the two counts you were sentenced to 6 months imprisonment each suspended for 2 years.
   

During the period of the suspension order on 11th July 2011 you committed the offence of Giving False or Misleading Information to another Person contrary to section 333(1)(a)(b)(i) of the Crimes Decree 2009.

5. As noted earlier your sentences for both offences of Obtaining Money by Deception were 6 months imprisonment each.
   

In the opinion of the court there are no exceptional or compelling circumstances to not activate the suspended term. Nonetheless since this will be your first custodial sentence, I will exercise my discretion and order that only 3 months be activated from the suspended sentence. This will be appropriate for your rehabilitation.

6. You will serve 3 months imprisonment and it will be served consecutively to any other imprisonment term being served.
   
7. 28 days to appeal.
   

Samuela Qica
Resident Magistrate

25th March 2013