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State v Barma [2013] FJMC 50; Criminal Case 1777.2012 (25 January 2013)

IN THE MAGISTRATE'S COURT
AT SUVA
IN THE REPUBLIC OF FIJI ISLANDS

Criminal Case No: 1777/12

STATE

V

RITESH BARMA

Prosecution: PC Pauliasi (Police Prosecution)
Accused: Present – Counsel – Mr V. Pillay

Sentence

Introduction

RITESH BARMA, you are now being sentenced for Aiding Prisoners to Escape, Contrary to Section 197 (a) of Crimes Decree 2009. The Particulars of Offence is that you:

"RITESH BARMA on the 2nd day of December, 2012, at Suva in the Central Division, aided prisoners to escape from Suva Corrections Centre, namely Deshwar Kishore Dutt from the custody of Sergeant Major Eliki Raloka."

You pleaded guilty on your own free will. You admitted the statement of facts.

The Maximum Penalty

The Maximum Penalty for Aiding Prisoners to Escape under the Crimes Decree is 7 years imprisonment.

The Tariff

This Court has not found any set tariff for this Offence. This Court refers to its earlier decision in State v. Savenaca Raqauqau, Criminal Case # 1638/12 and takes the tariff to be between 9 months to 3 years.
Starting Point

Having considered the relevant provisions of the Sentencing and Penalties Decree. This Court takes 18 months as an appropriate starting point for the offence that you have committed. This is taken you are a 1st offender. This Court has also noted and carefully considered the facts and the circumstances of your offending.

Aggravating Factors

This Court takes as aggravating factors you placing fake number plates and then removing the fake number plates to replace with the one fitted in the vehicle. This indicated your desire to mislead the law enforcement agencies. For this the Court increases your sentence by 3 months. You will now serve 21 months imprisonment.

Guilty Plea

For your guilty plea on the 1st available opportunity this Court will give you 6 months discount (1/3rd). You are now to serve 15 months imprisonment.

Mitigation

Your Counsel has submitted written mitigation which this Court has considered. The mitigation is that you are 29 years old, single, employed as a driver, earning approximately $100 to $150 per week, supporting nephews and nieces, educated to 6th form, pleaded guilty early, a first offender with no previous history, are remorseful and seeking forgiveness and leniency, and you seek suspended sentence.

This Court further notes that your counsel has stated that "[you] were persuaded by persons who are no longer in [your] friendship circle and with whom you no longer associate." It is further mitigated that your actions were totally out of character.

For your total mitigation and previous good character you are given 6 months discount.
RITESH BARMA your sentence now is 9 months imprisonment. Ritesh Barma you have spent close to 2 months in custody and this Court will deduct the time you have spent in custody. Your sentence is now 7 months imprisonment.

The Court notes the seriousness and the nature of the offence you have committed. This Court has stated before that the message is clear that those who aid prisoners to escape will get immediate custodial sentences. Member of the community are expected to assist the law enforcers and not the criminal elements in the community. Ritesh Barma you would have learnt a lesson after spending close to 2 months in custody for this offence. You are a 1st offender and can learn from this mistake and move forward in life. If you repeat such behaviour or are involved in criminal activities in future then you will surely be punished and the Courts will reflect on this case and not give you a chance. This Court would give you a chance and having noted that you have served part of the sentence while in custody. This Court will suspend your sentence and hopes that you must cease this opportunity and not look back and change your ways. It is also important that you chose your friends wisely and discard those friends who want to use you. Your sentence of 7 months imprisonment is suspended for 18 months. Which means that should you re-offended in the next 18 months you might be charged and prosecuted for breach of this sentence.

Right of Appeal

Any party aggrieved with this sentence has 28 days (from today) to appeal to the High Court.

Chaitanya Lakshman
Resident Magistrate

25/01/2013