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State v Savou [2007] FJHC 63; HAC063.07 (31 October 2007)

IN THE HIGH COURT OF FIJI
AT SUVA
CRIMINAL JURISDICTION

Criminal Case No: HAC 063 of 2007

STATE

v.

BENJAMIN SAVOU

Hearing: 30th October 2007
Sentence: 31st October 2007

Counsel: Ms J. Shah for State
Mr. A. K. Singh for Accused

SENTENCE

Benjamin Savou, you have pleaded guilty to one count of housebreaking entering and larceny contrary to section 300 of the Penal Code. Between the 27th and 28th of April 2006, you broke and entered the dwelling house of Gary Clive and stole a number of items to the total value of $34,280.

The facts you have agreed to are that Gary Clive was renting a flat at Nadera. You returned from a night’s driving and you met another person who told you, you had a job to do. In the morning of the 28th of April you went to the flat. The back door had already been opened and you helped two others to pack the items and load them inside a car. The items were taken to several houses before being kept at a house in Nadi. A neighbour had seen you load the items into the car and informed the police. You were interrogated and you admitted the offence. You assisted the police to recover the items and all were recovered.

You are a young offender (the State says you are 21, defence counsel says you are 18) and a first offender. You are a driver by profession and you support your family. You have expressed remorse and will give evidence for the State thus the delivery of this sentence before the trial of your two co-accused. Your counsel has urged the imposition of a suspended sentence.

The tariff for breaking and entering offences is 2-3 years. For first offenders the courts have a policy of avoiding custodial sentences. Because of the value of the items stolen, I commence at 3 years imprisonment. To reflect the minimal nature of your offending, your early guilty plea when this case was first called before Mr. Justice Winter, your youth and your previous good character, I arrive at a sentence of 12 months imprisonment.

I accept that this offending is out of character for you, and that you yourself did not take part in the breaking into the house. Further you assisted in the recovery of the items and will now become a State witness. For these exceptional circumstances and because of your previous good character I suspend your sentence for two years. If you re-offend in the next two years you may serve this 12 month term in additional to any other sentence imposed on you.

Nazhat Shameem
JUDGE

At Suva
31st October 2007