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State v Kotobalavu [2016] FJMC 148; Criminal Case 340.2016 (31 May 2016)

IN THE RESIDENT MAGISTRATE'S COURT
AT NAUSORI
IN THE REPUBLIC OF FIJI ISLANDS

Criminal Case No: 340/16

State

.v.

Tuimoala Kotobalavu

Prosecution: PC Abinash, Police Prosecutor.
Accused: In Person.

SENTENCE

Tuimoala Kotobalavu, you are today being sentenced for abscondiil, contrary to Seco Section 2 of the Bail (Amendment) Decree 2012. You have chosen to represent yourself. You have pleaded guilty on your own free will. When the facts were read out and put t, you have admitted the face facts. This Court notes you are not a first offender.

Your mitigation is as follows: 31 years old, married recently, wife at home and expecting a child, sole breadwinner casual worker and seeking forgiveness.

The maximum for absconding bail is $2000 fine or 1 year ioprisonment. The Tariff is between 3 to 6 months.

This Court takes a starting point of 4 months (16 weeks). For the guilty plea this court gives 4 weeks discount. For the mitigatid time spent in custody thiy this court gives further discount of 4 weeks. Your sentence for absconding bail is 8 weeks impriso.

This court has carefully considered whether to suspend you sentence or not. You are not a first offender to ve leniency of the Court. You have total disregard for the laws of this country. For these hese reasons this court will not suspend your sentence.

8 weeks imprisonment for absconding bail.

You have 28 days to appeal.

Chaitanya Lakshman
Resident Magistrate

31^st May 2016