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State v Nadua [2015] FJHC 473; HAC079.2014LAB (25 June 2015)

IN THE HIGH COURT OF FIJI
AT LABASA
CRIMINAL JURISDICTION

CRIMINAL CASE NO: HAC 079 OF 2014LAB

STATE

V

SENITIKI NADUA

Counsels : Mr. S. Vodokisolomone and Mr. L. Fotofili for State
Mr. M. Fesaitu for Accused

Hearing : 12 March, 2015
Sentence : 25 June, 2015

SENTENCE

1. On 12 March, 2015, in the presence of your counsel, you pleaded guilty to, and was convicted on the following information:

Statement of Offence

ARSON: Contrary to section 362(a) of the Crimes Decree No: 44 of 2009.

Particulars of Offence

SENITIKI NADUA on the 20th day of June 2014 at Nakama, Macuata in the Northern Division wilfully and unlawfully sets fire to the dwelling house of SASANEI LIA.

2. The following summary of facts was read to the court by the prosecutor:

On the 20th day of June 2014 at about 7.00pm in the evening the complainant SasaneiLia locked her house made of bamboo and corrugated iron and proceeded to her mother's place about 100 meters away to have dinner. At about 11.30pm VakasigaTinaiwawa of Nakama Village informed the complainant that her house was on fire. The complainant rushed to her house and saw her bamboo home was fully engulfed with flames. The offender SenitikiNadua 45 years a carpenter of Cawani settlement was seen leaving the premises of the complainant when the fire had just begun. The complainant had suspected that the offender may have set the fire onto her home because the complainant's husband was having an affair with the offender's wife. The fire completely destroyed the home of the complainant and belongings therein worth $3,000.00.

The matter was reported to police. Investigations were conducted. The offender was interviewed under caution where he had fully confessed and admitted setting fire to the house of the complainant on the above date. The offender stated his reason for setting fire to the complainant's house was because the complainant's husband was having an affair with his wife. The offender was formally charged with Arson pursuant to section 362(a) of the Crimes Decree No. 44 of 2009. The offender was remanded in custody and was later on released on bail in the Labasa High Court.

3. The court then checked with your counsel to see that you are admitting all the elements of the offence of "arson". Through your counsel, you admitted willfully and unlawfully setting fire to the complainant's dwelling house on 20 June 2014. Because of your admission, the court found you guilty as charged and convicted you accordingly.

4. In State v EmoriNaqarase, Criminal Case HAC No. 350 of 2013S, High Court, Suva, I said the following, "...Our lawmakers consider "arson" to be a serious offence, and had prescribed it a maximum sentence of life imprisonment. Previous case laws had set a tariff between 2 to 4 years imprisonment: see KelemediLagi and Others v The State, Criminal Appeal Case No. HAA 0004 of 2004S, High Court, Suva, which was endorsed by the Fiji Court of Appeal in NikoLesu and SuniaVosataki v The State, Criminal Appeal No. AAU 058 of 2011. However, in an earlier case of Damodar Naidu & Another v Reginam, Fiji Law Report, Volume 24, 1978, pages 93 to 106; the Fiji Court of Appeal approved a sentence of 7 years imprisonment for accused no. 1 and 10 years for accused no. 2, for burning down a number of shops in Rakiraki Town in May 1977..." The final sentence will depend on the aggravating and mitigating factors.

5. The aggravating factors in this case were as follows:

(i) In a village setting, to build someone's dwelling house involved a lot of effort, financial resources, and energy. The complainant is married with six children. They spent $3,000 in buying their household items which was burnt in the fire. By burning down the complainant's family's house, you showered a total disregard to this family's property rights. You showed an utter disregard to this family's right to enjoy a dwelling house. You have ruined the quality of their life, and you must not complain when your liberty is taken away to pay for your crime;

(ii) Use of violence in settling a domestic dispute. You had no right in burning down the complainant's family's dwelling house because her husband had an affair with your wife. You have settled the matter but you were not satisfied and took revenge by burning down their family's house.

(iii) You have made no reparation whatsoever to the complainant's family, nor apologize for your misdeeds and you have shown no remorse whatsoever.

6. The mitigating factors were as follows:

(i) At the age of 48 years, this is your first offence;

(ii) Although your case was first called on 23 December 2014, and you pleaded guilty 2 months 17 days thereafter, you nevertheless saved the court's time by pleading guilty to the offence.

(iii) You were remanded in custody for approximately 1 week.

7. I start with a sentence of 4 years imprisonment. I add 3 years for the aggravating factors, making a total of 7 years imprisonment. For pleading guilty to the offence, I deduct 2 years, leaving a balance of 5 years imprisonment. For being a first offender, I deduct 1 year, leaving a balance of 4 years imprisonment. For being remanded in custody for 1 week, I deduct 1 month, leaving a balance of 3 years 11 months imprisonment.

8. Mr. SenitikiNadua, for willfully and unlawfully setting fire to the complainant's dwelling house on 20 June 2014, at Macuata in the Northern Division, I sentence you to 3 years 11 months imprisonment, with a non-parole period of 3 years, effective forthwith.

SalesiTemo
JUDGE

Solicitor for the State : Office of the Director of Public Prosecution, Labasa
Solicitor for the Accused : Office of the Legal Aid Commission, Labasa