BY MELVILLE TITIULU
The Magistrate Court on Thursday last week made an order to dismiss the charge involving four juvenile offenders without proceeding to conviction.
The four juveniles who cannot be named for legal reasons were initially charged with one count each for Malicious Injury contrary to section 326(1) of the Penal Code [Cap 26].
The offence carries a maximum penalty of 2 years imprisonment.
This matter was in relation to an incident that took place on New Year’s night at Tasahe A, in January 2026, in which they were reported by the complainants for destroying his market house at that vicinity.
Principal Magistrate Felix Hollison relied on section 35 of the Penal Code [Cap 26] which provides for the discharge of offenders without punishment.
At Paragraph 3 of the sentence ruling, the Principal Magistrate took into considerations the extenuating circumstances in which the offence was committed.
“I am not inclined to record a conviction against each of them due to their very young age, youthfulness, and few of them are attending secondary schools, which means they have a bright future ahead of them,” Principal Magistrate Hollison said.
Thus, the court was of the view that it is inexpedient to inflict punishment on these juveniles.
The juveniles are three male and a female person between the age of 14 years and under 18 years.
In court, their defense lawyers opted for rehabilitation rather than punishment.
They cited comparable case authorities to aid their clients’ chances of getting a conditionally discharge.
It follows, that the charge against each of the defendants was dismissed conditionally on condition that they pay the complainant the sum of $500.00 each.
The Principal Magistrate pointed out that the significance of paying that $500.00 goes beyond restitution for the damaged caused or incurred by the complainant but also as means to restore peace, unity and trust within their community.
Defense counsel Tukochi, further informed the Court that his client had already reconciled with the complainant. His client showed a photo and a letter evidencing that a reconciliation did in fact happen which was brought to the attention of the Principal Magistrate.
That means his client’s case is dismissed in its entirety for fulfilling the conditions as imposed.
Consequently, only three of the four defendants are discharged with conditions pursuant to section 35 of the Penal Code [Cap 26].
Each three defendant is to pay $500.00 each with the total to be paid at $1,500.00
The Principal Magistrate reminded the defendants, their lawyers and parents in attendance at court that the due date for them to fulfill the condition imposed is the 27th February 2026 at 4:30pm.
Moreover, the White River Police was ordered to witness and confirm the payments from each defendant to the complainant in writing, which shall be furnished to the court on the 27th February 2026 before the close of business.
The ruling also notes that the court reserves the right to make any adverse orders in the event that each of the defendants does not comply with the condition.
The Principal Magistrate then pointed out that the other juvenile will still be held in remand as he was separately charged for different but related offense for stoning of the RSIPF Police Vehicle that same night of the incident.
Principal Magistrate further pointed out that the Right of appeal applies.
Police Prosecutions Department appeared for the Crown and the four juveniles were represented by the defense counsels from the Public Solicitors Office.
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