Baby Thief Convicted, Sentenced To One Year 10 months Imprisonment Suspended For Two Years
Asena Raivoli was sentenced to one year 10 months imprisonment suspended for two years
Thursday 28 November 2019 | 12:03
A woman who stole a baby from the Labasa Hospital was handed a suspended sentence by the Magistrates Court in a landmark ruling.
Asena Raivoli, 35, was convicted and charged with stealing a baby. She was sentenced on November 1, 2019, to one year and 10 months imprisonment which was suspended for two years by Magistrate Cama Tuberi.
On April 15, 2018, by force or fraud, Raivoli took away a child under the age of 14 years from the mother at the children’s ward at the hospital.
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Magistrate Tuberi said the aggravating factors were that the child involved was a newborn baby which Raivoli left at a cassava patch when she realised that the Police were coming after her.
He said she subjected the child to hunger and serious health risk during the number of hours she took the child away from his mother.
“Since you have regretted your action and learnt a lesson from this case. I will give you another chance to rehabilitate yourself,” Magistrate Tuberi said.
Magistrate Tuberi said the prescribed penalty for the offence was seven years imprisonment.
“I am not aware of any tariff set for this offence,” Magistrate Tuberi said.
“The counsel for the defence was not able to draw the court attention to any case authority in our jurisdiction or any tariff at all.”
Magistrate Tuberi said the court had to draw guidance from a Papua New Guinea case to sentence Raivoli because there were none present in Fiji’s jurisdiction.
Raivoli was given 28 days to appeal to the High Court.
Edited by Jonathan Bryce
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