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State v Rokodreu [2010] FJMC 121; Criminal Case 59 of 2008 (24 September 2010)

IN THE MAGISTRATE'S COURT AT LAUTOKA

Criminal Case No. s 59/08, 60/08 and 499/08

BETWEEN

THE STATE

AND

ASELA ROKODREU

SENTENCE

1. You, Asela Rokodreu are to be sentenced upon pleading guilty to the charges in the case numbers 59/08, 60/08, 499/08 and 513/10. The charges you pleaded guilty are as follows;
   

Case No 59/08

Count 1- House breaking entering and larceny contrary to Section 300 of the Penal code.

Case No 60/08

Count 1- Damaging property contrary to section 324 of the Penal code

Count 2- Larceny contrary to section 259 and 262 of the Penal Code

Case No 499/09

Count 1- Disorderly behavior in public place contrary to Section 4 of the Minor offences Act

Count 2 – Resisting arrest contrary to Section 247(b) of the Penal Code

Case No 513/10

Count 1 – Escaping from lawful custody contrary to Section 138 of the Penal Code

2. The maximum punishment for house breaking and larceny is 14 years. In this case I pick my starting point as 18 months.
   
3. The maximum punishment for damaging property is 2 years and I pick my starting point as 3 months. For larceny, the maximum punishment is 10 years if that person is previously convicted of a felony. I pick my starting point for larceny as 12 months.
   
4. The maximum punishment for disorderly behavior in a public place is imprisonment for one month. I pick my starting point as one month. The maximum punishment for resisting arrest is imprisonment for five years and I pick my starting point as 6 months.
   
5. The maximum punishment for escaping from lawful custody is imprisonment for two years and/or a fine. I pick my starting point as 6 months.
   
6. The following facts were revealed in each case;
   

Case No 59/08-

It was revealed that on the 27th January 2008 you with others, broke and entered to the house of the complainant and stole items all to the total value of 630 dollars. You ran away with the others when the complainant came home and you were identified with the complainant. Later you were arrested and found one gold wrist watch which was stolen from the complainant's house. No other items were recovered.

Case No 60/08 –

On the 27th January 2008 when the complainant was washing his car you came to his place with another and tried to get hold of the complainant. The complainant managed to escape and the complainant's wife locked the house door and cried for help. One of the accused then picked up a pot plant and threw it at the door. The door was damaged. A neighbor came and assaulted one person while the other stole the USB and some coins which were in the car. You and the other fled the scene and later the complainant showed you to the police. No items were recovered.

Case No 499/08 –

On the 28th June 2008 you were punching your wife at Vesi Crescent when two Police officers approached you. You resisted arrest by pushing the police officers when they tried to arrest you. Your wife did not want to lodge a complain. Therefore you were charged for resist of arrest and behaving in a disorderly manner.

Case No 513/10 –

On the 8th January 2009 you were remanded in custody when you appeared on a bench warrant in case no 60/08. You ran away from court premises when you were in the custody of a Police Officer. You were arrested on the 09th January 2009.

7. I have observed the following aggravating factors in these cases;
   
   1. In case no 59/08 and 60/08 the offences were committed on the same day.
      
   2. You committed those offences with other persons.
      
   100. You invaded the complainant's house in case no 59/08.
        
   4. In case no 60/08 you tried to use personal violence on the complainant.
      
   5. You terrorized his wife by damaging the door when she closed it.
      
   6. Only a wrist watch was recovered and other stolen items were not recovered.
      
   7. In case no 499/08 you assaulted your wife and it appears that you were violent towards your wife and the police officers too.
      
   8. Escaping from custody hinders the administration of justice system and the state has to spend resources unnecessarily to re arrest escapees.
      
8. For the aggravating circumstances I enhance the sentences of each case in the following manner;
   

Case no 59/08

Count 1- by 12 months

Case no 60/08

Count1- by 6 months

Count 2- by 9 months

Case no 499/08

Count 1- no enhancement

Count 2- by 6 months

Case no 513/10

Count 1 – by 6 months

9. In mitigation your counsel informed court that you are 30 years and married with 2 children. He said you are pleading guilty in all your cases without wasting time of the Court. It was informed that you are already going through the Yellow Ribbon Project as a serving prisoner. You have completed three modules and it was informed you have to go through 12 more. A letter was produced to confirm that you undergo counseling. It appears you have shown a change in your life style. Your counsel informed court that you want to turn a new leaf in your life and urged that you may be given a chance to change your life. Further he sought leniency on your behalf.
   
10. It appears that already you have started changing your life. The court has a duty to give a second chance to those offenders who show a genuine intention to change themselves. At the same time the court has a duty to impose appropriate sentences.
    
11. You pleaded guilty saving the time of this court.
    
12. Having considered the mitigating circumstances I decide to reduce the sentences in the following manner;
    

Case no 59/08

Count 1- by 6 months

Case no 60/08

Count1 – by 6 months

Count 2- by 6 months

Case no 499/08

Count 1- no change

Count 2- by 6 months

Case no 513/10

Count 1- by 6 months

13. The Sentencing and Penalties Decree sets out the following purposes for which sentencing may be imposed by courts;
    
    1. to punish offenders to an extent and in a manner which is just in all circumstances
       
    2. to protect the community from offenders
       
    100. to deter offenders or other persons from committing offences of the same or similar nature
         
    4. to establish conditions so that rehabilitation of offenders may be promoted or facilitated
       
    5. to signify that the court and the community denounce the commission of such offences
       
14. Accordingly I impose the sentences in these cases in the following manner;
    

Case no 59/08

Count 1- I impose 2 years imprisonment

Case no 60/08

Count 1- I impose 3 month imprisonment

Count 2- I impose 15 months imprisonment

Case no 499/08

Count 1- I impose 1 month imprisonment

Count 2- I impose 6 months imprisonment

Case no 513/10

Count 1- I impose 6 months imprisonment

15. You admitted you have 34 previous convictions. The offences you committed are very serious in nature. I do not think the circumstances of these cases warrant this court to impose non custodial sentences. However having considered your mitigating circumstances I decide to order the sentences of these 4 cases to run concurrently.
    
16. Accordingly you should serve a total of 2 years imprisonment and it should be consecutive to the present jail term you are serving now. You are eligible for parole after 18 months.
    

28 days to appeal.

Rangajeeva Wimalsena
Resident Magistrate

Lautoka
24.09.2010