Home | Databases | WorldLII | Search | Feedback Magistrates Court of Fiji

State v Motokana [2014] FJMC 14; Criminal Case 41.2013 (15 January 2014)

IN THE MAGISTRATE COURT OF FIJI
AT RAKIRAKI
CRIMINAL JURISDICTION

CRIMINAL CASE NO. 41/13

BETWEEN:

STATE

AND:

MILIO MARIKA MOTOKANA

Prosecution: PC Nitesh
Accused: In Person

SENTENCE

1. Milio Motokana you pleaded guilty to Failing to Confine Animal contrary to section 3(1)(ii) of the Trespass Animal Act Cap 166.
   
2. You admitted the facts when it was read and explained. You also stated that you were not forced to admit the offence and that you admitted the facts voluntarily.
   
3. The Court therefore accepted that your guilty plea was unequivocal and convicted you as charged.
   
4. Between 1st November 2011 & 10th May 2012 at Nabalabala Tokaimalo Ra you failed to confine your horse which was left loose. The horse went and damaged the sugarcane farm of Matia Bavou and this happened after you were warned on numerous earlier occasions.
   

The matter was reported to police. You were located, interviewed under caution and charged for the alleged offence.

5. I consider the following mitigation in your favor:
   
   • First offender;
   • Pleaded guilty at first opportunity;
   • Sorry & Remorseful for your actions.
     
6. I don't see any aggravating features except what is included as elements of the offence.
   
7. Considering your mitigation, circumstances of offending and prescribed penalty, I order that you pay a fine of 1 penalty unit ($100.00). You must pay the fine within 21 days, in default 10 days in prison.
   
8. Matter to be reviewed in 21 days.
   
9. 28 days to appeal.
   

Samuela Qica
Resident Magistrate

15th January 2014