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State v Matai - Sentence [2026] FJMC 15; Criminal Case 537 of 2025 (27 January 2026)

IN THE MAGISTRATES’ COURT OF FIJI
AT BA
[CRIMINAL JURISDICTION]

Criminal Case No: CF 537/25

STATE

v.

SEVECA MATAI

For Prosecution: PC [5647] P. Nair
For Accused: Appearing In Person
Plea: 21/1/2026
Conviction: 27/1/2026
Sentence: 27/1/2026

SENTENCE

1. Introduction

1. Seveca Matai [hereinafter referred to ‘the Accused’] is charged with a count of Giving False name to Police Officer: contrary to section 24 of the Police Act, Cap 85.
   
2. You were first produced before this Court on 24/12/2025, you had preferred the i’Taukei language and opted to waive your right to Counsel following which you were remanded into custody.
   
3. Upon appearing on 21/1/2026 you informed the Court of your readiness to take your plea.
   
4. The charge was read, explained and understood by you and pleaded guilty to the charge on your own free will.
   
5. You understood and he admitted to the Summary of Facts that was read to him in court. You confessed in your caution interview on your own free will. In the Summary of Facts, it was revealed that you had been brought in for an offense to which you were being caution interviewed and the Police Officer tasked asked for your name and you gave the name ‘Savenaca Matagi’. The name was used by the Police to try and extract your Birth Certificate from the Birth, Death and Marriage Registry. Following several failed attempts to extract your Birth Certificate, it was later discovered that your true name is Seveca Matai and not Savenaca Matagi.
   
6. The Prosecutor tendered as prosecution evidence your record of interview, your Birth Certificate. The Prosecutor also informed Court of your first offender status.
   
7. I am satisfied with your guilty plea to the charge and your admission to the Summary of Facts in support of the charge. I find you guilty as charge and I convict you, accordingly.
   
   2. Sentencing Regime
      
8. The maximum sentence for Giving false name and address to police is liable to a fine not exceeding $40 or to imprisonment for a period not exceeding 3 months or to both such fine and imprisonment, any police may without warrant arrest such person.
   
9. The aggravating factor(s) are:
   • - You lied to the police following your already being brought in for an offense
   • - Your made work for the police trying
     
10. The mitigating factor(s) are:
    • - You are a first offender
    • - You are remorseful
    • - You won’t reoffend
      
11. Your early guilty plea has saved the Court and Prosecution’s time and resources to run a full trial as such the full discount will be applied to your sentence.
    
    100. Sentence
12. In sentencing the accused, the Court took into account the factors outlined in Section 4 (1) – (2) and Section 15 of the Sentencing and Penalties Act 2009.
    
13. Considering you have shown no evidence of a steady source of income the Court finds that the imposition of a fine will not be acceptable as such you are sentenced to 2 months imprisonment and pursuant to Section 26 of the Sentencing and Penalties Act 2009 with the finding that an imprisonment term to be served will defeat the purpose of this sentence, that 2 months imprisonment is suspended to a term of 3 years.
    
14. You are warned by the court that when you commit another offence within 3 years, you may be charged for Breach of Suspended Sentence contrary to Section 28 of the Sentencing and Penalties Act 2009. If the court convicts you for the said offence, the sentencing court may activate the suspend sentence in paragraph 13.
    

28 days to appeal to the High Court

................................

S. Nasedra [Ms.]

[Resident Magistrate]

Divisional Prosecuting Officer/Western

Accused – In Person