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State v Nabainivalu [2013] FJMC 139; Criminal Case 93.2013 (27 March 2013)

IN THE MAGISTRATE COURT OF FIJI
AT RAKIRAKI
CRIMINAL JURISDICTION

CRIMINAL CASE NO. 93 /13

BETWEEN:

THE STATE

AND:

PENI NABAINIVALU

Prosecution: PC Dinesh
Accused: In Person

SENTENCE

1. Peni Nabainivalu you pleaded guilty to the offence of Obstructing Police Officer in Due Execution of Duty contrary to section 277(b) of the Crimes Decree 44 of 2009.
   
2. You waived your right to counsel and also stated that you were not forced to admit the charge and accepted the facts as it was read and explained to you.
   
3. The Court therefore accepting that your guilty plea was unequivocal convicted you as charged.
   
4. The facts are on 23rd March 2010 at 1pm at Nakorovou Village, Mataso Ra, Police Constable 4042 Ponipate Rokodonumaibulu (complainant, 43yrs) saw you and informed you that he was going to arrest you for a case at Lautoka Police Station and also for a case of burglary and theft. In the process of affecting arrest you ran away. The Police Constable concerned then pursued you. You jumped down a creek bank and ran up a slope. Whilst the officer was running after you, you then sprung a lemon tree branch which struck him on the face and you ran away.

The matter was reported and complainant was medically examined. His medical report shows that he sustained injuries consistent with the allegation.

You were latter arrested by police, cautioned interviewed and charged for the said offence.

6. You mitigated and I take the following in your favor:
   
   • First offender.
   • Guilty plea.
   • Requested for forgiveness and remorseful.
   • Time in custody.
     
7. The maximum penalty for Obstructing Police Officer in Due Execution of his Duty under the Crimes Decree is 5 years imprisonment. The tariff would be 6-9 months imprisonment (see: State v Batiratu (2012) HAR001/2012).
   
8. For this offence I take a starting point of 6 months. Apart from the elements of the offence, I don't see any aggravating features.
   
9. For your early plea I reduce your sentence by 2 months and for other mitigating features including this being your first offence, I further reduce your sentence by 1 month. Your final sentence is now 3 months imprisonment.
   
10. I now consider whether your sentence should be suspended.
    

When you commit an offence such as assault on a police office whilst in due execution of his/her duty, you've striking at the very heart of law enforcement in the country. Although this is your first offence, you must understand that the court affords special protection to law enforcement officers because of the nature of the work they do on behalf of the community. The court will not tolerate any such action against police officers or other law enforcement officers. For purpose of deterrence your sentence will not be suspended.

11. I order that you serve an immediate imprisonment term of 3 months.
    
12. 28 days to appeal.
    

Samuela Qica
Resident Magistrate

27th March 2013