Justice Temo quashes sentences in 49 breach of curfew and social gathering cases
Conviction and sentence of 19-yr-old woman who hugged and kissed her bf at Suva sea wall set aside

Justice Temo quashes sentences in 49 breach of curfew and social gathering cases

Conviction and sentence of 19-yr-old woman who hugged and kissed her bf at Suva sea wall set aside

By Vijay Narayan
Thursday 14/05/2020
High Court Judge Justice Salesi Temo

High Court Judge, Justice Salesi Temo has today quashed and set aside fines imposed by the Magistrates Courts in Suva, Nausori, Tailevu, Vunidawa and Savusavu in 49 cases which dealt with people breaching the curfew hours or social gathering directives.

For these cases, Justice Temo has ruled that the magistrates are to re-sentence the accused persons, after taking on board what is recorded in his judgement.

Justice Temo has also quashed and set aside the 19-year-old woman’s conviction and sentence by the Suva Magistrates Court on 22nd April this year.

He has also dismissed the charge against her without recording a conviction.

While delivering his ruling, Justice Temo says the 19-year-old university student was charged for kissing and hugging her boyfriend at the Suva seawall on April 20th.

He says the woman pleaded guilty on the first call, was remorseful for her action, is a second-year university student, is living with her parents and is a member of the Suva Rotary Club.

Judge Temo says we are dealing here with a youth, a student, as a 19-year-old having a boyfriend is part and parcel of life and she is striving to better her future.

Justice Temo says this case clearly demonstrates the non-attendance to the constitutional demands of Section 11 (1) of the Bill of Rights of the 2013 Fijian Constitution.

He says the imposition of the higher penalties brought about by the Public Health Act must be done while taking into account the obligation in Section 11 (1) of the Constitution.

The section says that every person has the right to freedom from torture of any kind, whether physical, mental or emotional and from cruel, inhumane, degrading or disproportionately severe treatment or punishment.

In the case of the 19-year-old woman, Justice Temo says the magistrate should have paused before entering a formal conviction.

He says her plea in mitigation revealed information that would make a sentence under the Public Health Act be inconsistent with the demands of the Bill of Rights of the Constitution.

Justice Temo says the Bill of Rights is the supreme law and the courts are bound to implement it.

The woman was fined $500.

He says some of the fines imposed were cruel, inhumane, degrading or disproportionately severe treatment or punishment given the personal and financial circumstances of the accused.

Justice Temo says through the mass media and on radio, it had been brought to the attention of the court that hefty fines had been imposed on offenders who were found guilty and it appeared that they do not have the financial means to pay such fines. He says the court had called on the 51 files to examine this issue.

Judge Temo says generally speaking, the majority of the accused persons were ordinary members of the public, and most were unemployed or subsistence farmers.

He says if they were working, they were not earning that much in a week. He further says that generally speaking, they were imposed fines between $300 to $2,000, and most of them did not have the financial means to pay the fine.

Justice Temo also says that the magistrates acknowledged there was no sentencing tariff from the superior courts so they were left to exercise their sentencing discretion.

FEATURE NEWS
Aiyaz wants parliament and referendum threshold to be followed, AG stresses changes are necessary
As the coalition government gets ready to take the 2013 Constitution to the Supreme Court for a determination on the amendment provision, former Attor...
1 hour ago
LATEST NEWS
Lautoka launches 'I Recycle' program at Churchill Park
In a bid to address the country’s waste management crisis, various sectors came together to celebrate Global Recycling Day by launching the “I ...
4 hours ago

Fiji leads Investment and Trade mission to PNG for stronger economic relationship
A 20-member delegation from Fiji, led by the Deputy Prime Minister and Minister for Trade, Manoa Kamikamica will embark on a trade and investment ...
4 hours ago

Jittu Estate fire believed to be arson and suicide - NFA
The fire that claimed the life of a woman in Jittu Estate in Raiwaqa last Sunday is believed to be an arson and suicide case. National Fire ...
4 hours ago

4.15 tonnes meth bust: Justin Ho and others PTC set for April 7
The Pre-Trial Conference for Justin Ho and others, charged in relation to the $2 billion methamphetamine bust in Nadi involving 4.15 tonnes, will be ...
5 hours ago

Human bones found near Sigatoka resort
Bones of two humans have been found near a resort in Sigatoka. Police confirm resort workers were digging a drain when they discovered the ...
5 hours ago

Straight Talk Podcast

Stay tuned for the latest news on our radio stations

CFL radio frequencies
IN DEPTH
Reverend Tugi on fijivillage Straight Talk With Vijay Narayan
Watch the General Secretary of Fiji Evangelical Fellowship, Reverend Simione Tugi on fijivillage Straight Talk With Vijay ...
19 days ago

fijivillage Straight Talk with Vijay Narayan and William Parkinson
Chairman of Communications Fiji Limited, parent company of FM96, LegendFM, VitiFM, Navtarang, Radio Sargam, fijivillage and PNGFM, William Parkinson ...
20 days ago

fijivillage Straight Talk with Vijay Narayan and Adi Tulia Nacola
The candid interview focuses on Nacola, coming from a chiefly family and being a daughter of a Minister who was ousted in the 1987 military coup, her ...
20 days ago

TOP