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State v Rokoone [2010] FJMC 51; Criminal Case 284 of 2010 (20 May 2010)

IN THE MAGISTRATE'S COURT AT LAUTOKA

Criminal Case No 284/10

BETWEEN

THE STATE

AND

SAINIANA ROKOONE

SENTENCE

1. You Sainiana Rokoone are to be sentenced upon pleading guilty to the charge of Obtaining property by deception contrary to Section 317(1) of the Crimes decree No 44 of 2009.
   
2. The maximum punishment for this offence is ten years imprisonment.
   
3. In this case I pick my starting point as 12 months.
   
4. According to the summary of facts on the 12th May 2010 at Lautoka Lands Department office you have taken $650 from the complainant under the pretence that you are a Lands Department Officer sent by the military Council to negotiate the piece of land of the complainant to be sold to an overseas investor.
   
5. You have gone to the complainant's house and informed them of the Governments intention and that the investor is willing to pay the sum of $ 1.5 million to the complainant for the purchase of the land. You have obtained $ 650 from the complainant as the survey fees. Further arrangements have been made for the next $ 9 850 to be given on the 13th May 2010 as documentation and transfer fees. Paying the rest $ 9850 has been avoided as the complainant has informed a NIB personnel about the land deal and when it later came to light as a plot to obtain money by deception.
   
6. It appears that you have well planned this offence. You have deceived the complainant by impersonating to be a land development officer sent by the Military Council. It appears that you have used the names of the government entities and public offices to commit this offence.
   
7. You have deceived the complainant to an extent where an ordinary person would not have the courage even to imagine, by pretending to be a responsible officer of the government. You have taken the advantage of the trust and faith the complainant has kept on the state entities and on public officials. This offence seems to be a very serious one as far as the scale on which it is planned to carry out is concerned, involving the name of the government and the public offices.
   
8. The court has to consider the gravity of planned actions of this nature and the impact of such actions on the society. Also the court has to draw a line between a mere obtaining of property by deception and incidents of this nature which looks more organized and sophisticated.
   
9. The money you were able to obtain is not a large amount as the whole process could not be eventuated. But the court has to be mindful about the scale in which you have planned to carry out this offence. The court has to impose a deterrent and a proportionate sentence on you. At the same time the court has duty to send a stern message to the others in the society who are minded to indulge in this kind of impermissible actions.
   
10. Apart from the gravity of the offence you have committed you went on to deceive the investigators by providing a false name. When you were charged on the 17th may 2010 you appeared in court as Mereadani Miliakere in this case. Later when the case was adjourned for the prosecution to tender the report on previous convictions it was transpired that you appeared by a false name.
    
11. You have not only deceived the complainant but you deceived the investigators, prosecutors and the Court as well. However since a separated charge is brought against you regarding that issue, I would not consider that in sentencing in this case.
    
12. Be that as it may for the other aggravating circumstances in this case I decide to enhance the sentence by 8 months.
    
13. In mitigation you said you feel sorry and you seek forgiveness. Further you said you will not repeat it again. Apart from that you did not say any compelling mitigatory factors. However according to the summary of facts it appears that you are 32 years old. The court will take in to consideration the fact that you pleaded guilty at the first instance. Further the prosecution informed court that no previous convictions are reported under your given name.
    
14. For the mitigatory circumstances I reduce the sentence by three months. Although you appear to be a first offender I do not think that the circumstances of the case and the gravity of the offence warrant this court to impose a non custodial sentence on you.
    
15. Accordingly I impose a seventeen months imprisonment on you. You are eligible for parole after 12 months.
    

28 days to appeal.

Rangajeeva Wimalasena
Resident Magistrate

Lautoka
20.05.2010