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State v Colati - Sentence [2018] FJMC 56; Criminal Case 639 of 2017 (11 June 2018)

IN THE MAGISTRATE’S COURT AT LABASA

CRIMINAL JURISDICTION

Criminal Case No. 639 of 2017

STATE

v

SENIROQA COLATI

Counsels : WCPL Musuqawa for the Prosecution

Mr Koroitini. J for the Accused

Sentence : 11 June 2018

SENTENCE

1. Seniroqa Colati, today is for sentencing for Absconding Bail Conditions contrary to section 2(1) and 26(1) of the Bail Act.
   
   2. On 3 April 2018, you pleaded guilty to the charge in the presence of your Counsel. I find your plea to be unequivocal, as it was given on your own free will.
      
   3. The brief summary of facts are;-

“The accused Seniroqa Colati the accused person in CF 289/17 was bailed by the Labasa Magistrate Court to attend court on 2 October 2017. The accused failed to appear in court on 2 October 2017 and breached his bail condition. The accused was arrested at Makoi, Nasinu.”

4. On 8 June 2018, you admitted to the above summary of facts, and convicted as charged. Your Counsel submitted oral mitigation on the same day.
   
5. The maximum penalty for Breach of Bail Condition is fine of $2,000.00, or 12 months imprisonment, or both.
   
6. On 8 June 2018, I had sentence you to 1 year and 7 months imprisonment for the offence of Setting Fire To Crops in Criminal Case No. 289 of 2017.

7. In your sentence, I noted your early guilty, the oral mitigation submitted by your Counsel and the 2 weeks you spent in remand.
   
8. Considering the facts and all circumstances of this case, I pick 5 months imprisonment as your sentence for this offence. Suspended sentence is not appropriate, since you are serving for a period longer than your sentence in this case.
   
9. Seniroqa Colati, I now sentence you to 5 months imprisonment with immediate effects. This sentence to be served concurrently with your sentence in Criminal Case No. 289 of 2017.
   

28 days to appeal.

C. M. Tuberi

RESIDENT MAGISTRATE