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State v Kata [2008] FJHC 219; HAC126.2008 (12 September 2008)

IN THE HIGH COURT OF FIJI
AT SUVA
CRIMINAL JURISDICTION

Criminal Case No: HAC 126 of 2008

STATE

v.

LUKE KATA

Hearing: 12th September 2008
Sentence: 12th September 2008

Counsel: Ms J. Shah for State
Mr. A. Seru for Accused

SENTENCE

Luke Kata, you have pleaded guilty to one count of arson. On the 15th of March 2008 at Navua, you were drinking beer with your de facto wife and friends at the house of Henry Danford, occupied by you and your wife. After the drinking was over, you asked your de facto wife for sexual intercourse. She refused. You then asked her to buy you beer and she refused. You then had an argument and you set fire to a suitcase full of your wife’s clothes. She threw the suitcase outside and escaped out of the house. You then picked up the burning suitcase and threw it back into the house. You then ran after your wife.

The house burnt down completely. It was valued at $60,000 and contained furniture to the value of $10,000. It was insured.

You have 10 previous convictions, the latest being one for assault occasioning actual bodily harm in December 2002. In mitigation, counsel refers to the absence of an intention to injure anyone, and to your plea of guilty. He also said that the act of arson was out of character and that this offence should result in a non-custodial sentence.

The tariff for arson is 2-4 years imprisonment (Kelemedi Lagi & Others v. State [2004] HAA004/04S, Aporosa Tuitokova & Others v. State [2005] HAA67. Where a person lights a fire knowing that the result of such reckless conduct would cause a fire, sentences of around 3 years imprisonment have been imposed. A 2 year custody sentence in Amina Begum Koya v. State (1998) CAV0002/97 was upheld on appeal. In that case a fire was lit as part of an insurance fraud. Where the harm done is minimal, there have been sentences passed of 15 months imprisonment (State v. Inia Vulaono HAC 7/90).

In this case, the fire you lit destroyed the whole house belonging to your landlord. I commence at 3 years imprisonment. I take into account all mitigating and aggravating circumstances. I consider that an appropriate sentence after trial would be 3 years imprisonment. However, you have pleaded guilty and are entitled to reduction of the sentence on that basis. I reduce your sentence by one-third to 2 years imprisonment.

I decline to suspend your sentence. Although it is accepted that the house was insured, the result of your act is that the insurance company must now bear the cost of it. Further, a family has lost its home. In these circumstances I must sentence you to an immediate custodial term of 2 years imprisonment.

Nazhat Shameem
JUDGE

At Suva
12th September 2008