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State v Ram [2013] FJMC 138; Criminal Case 278.2011 (25 March 2013)

IN THE MAGISTRATE COURT OF FIJI
AT TAVUA
CRIMINAL JURISDICTION

CRIMINAL CASE NO. 278/11

BETWEEN:

THE STATE

AND:

JOTISHNA RAM

Prosecution: PC Dinesh
Accused: Mr Koya

SENTENCE

1. Jotishna Ram you pleaded guilty to the offence of Giving False Information to another Person contrary to section 333(1)(a)(b)(i) of the Crimes Decree No. 44 of 2009
   
2. When facts were read and explained, you admitted the same. You also stated that you were pleading guilty voluntarily.
   
3. The Court therefore accepted that your guilty plea was unequivocal and convicted you as charged.
   
4. On 11th July 2011, you appeared before the Ba Magistrate Court in a case of Obtaining Money by Deception with your counsel Mr Naveed Sahu Khan. Prosecution made an application for your passport to be surrendered to court as part of your bail condition in that case. You stated that your passport was missing and later your counsel informed the court that your passport was misplaced and not lost. Than on 12/7/11 your counsel appeared by himself and informed the court that your passport was surrendered to court in another matter.
   

Matter was reported to police and you were arrested. You were than cautioned interviewed and charged. You also admitted the offence to police.

5. Prosecution also submitted your 2 previous convictions from last year, which you did not dispute.
   
6. Your counsel Mr Koya made written and oral mitigation on your behalf. In brief it was submitted that you have pleaded guilty at first available opportunity to the amended charge. That the offending is a summary offence and the maximum prescribed penalty for the said offence is an imprisonment term of 1 year. The court was impressed upon to consider relevant provisions of the Sentencing and Penalties Decree and specific mention was made to section 26 (2)(b), section 28 (4)(b) and (c) and section 29.

It was also submitted that you've 30yrs old, married with one child. You've a travel agent and maintain your family and parents of old age.

7. The prescribed penalty for this offence is a maximum imprisonment term of 1 year. The tariff in the courts opinion would range from 1 month - 6 months imprisonment. The appropriate sentence to be arrived at would depend on the mitigating and aggravating features of the offending.
   
8. For the said offence considering the circumstances of offending, I commence my sentence at 6 months imprisonment.
   
9. Apart from what is already included as elements of the offence, I don't see any other aggravating factors.
   
10. For your guilty plea I reduce your sentence by 2 months. For other mitigating circumstances and time in custody I further reduce your sentence by 2 months. Your final sentence stands at 2 months imprisonment.
    
11. I now consider whether your sentence should be suspended. You have two previous convictions in 2011. The said offences both relate to dishonesty on your part, likewise the offending in this matter.
    
12. The leniency of the court in general is usually extended to first offenders. You are not entitled to the same due to your background. There are no exceptional or compelling circumstances in your case which warrant suspending your sentence. Thus your sentence will not be suspended.
    
13. The court therefore orders that you serve an immediate imprisonment term of 2 months.
    
14. 28 days to appeal.
    

Samuela Qica
Resident Magistrate

25th March 2013