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State v Koroi [2011] FJMC 41; CRC575.2009 (8 March 2011)

IN THE MAGISTRATE'S COURT AT LAUTOKA

Criminal Case No 575/09

BETWEEN

THE STATE

AND

WASISALE KOROI

SENTENCE

1. You, Waisale Koroi are to be sentenced upon pleading guilty to two counts of larceny by trick contrary to Section 259(1)(2)(a)(i) and 262 of the Penal Code.
   
2. The maximum sentence for this offence is ten years, as you have previous convictions for felonies.
   
3. It was revealed that on the 5th October 2009 you went to the Lautoka School for Special Education, inquiring about a student. Later you gave $100 note to the Complainant, who is the head teacher of the said school, to change it. At the same time you gave an empty water bottle to the Complainant requesting her to fill some water. The Complainant took the bottle and filled the water. Then she found out that you were gone missing with the $100 note and the two $50 notes. Later the matter was reported to the Police and the Complainant identified your picture in an album containing photos of well known criminals.
   
4. On the 21st November 2009 you hired a taxi to go to Nadi. On the way you took $40 from the wife of the taxi driver, who was also there in the taxi. You told them that you will give the $40 once you change a $100 note. You told the taxi driver to go to a service station to change the money. You got the taxi stopped behind the Service station and got off the taxi telling the taxi driver to wait for you. The Complainant waited for you. But you did not return and the matter was later reported to the Police.
   
5. You were arrested on the 29th November 2009 and you admitted committing the above two offences in your caution interview.
   
6. I have observed the following aggravating factors with regard to both counts;
   
   1. You committed these offences whilst on bail.
      
   2. Offences were committed in a well planned manner.
      
   100. No recoveries were made as you spent the money for your own use.
        
7. In mitigation you informed court that you are married with three children who are attending school. You said that your wife is unemployed and a long period of serving would affect your children's education. You asked for leniency and forgiveness saying that you are remorseful of your actions. You said that you have realized your wrongs and reformed yourself whilst you were in the prison. You asked for a concurrent sentence in this case.
   
8. I have considered the fact that you tendered a comparatively early guilty plea. However it was informed that you have 28 previous convictions for similar offences. It does not appear that you have learnt from your previous sentences.
   
9. As per Winter j in Viliame Cavuilagi –v- State [2004] HAA031/04 Judgment of 14 April, 2004; "Repetitive, recidivist offending must inevitably lead to longer sentences of imprisonment unless the offender can demonstrate special circumstances that motivate the court to sentence otherwise. This principle meets three of society's needs. Firstly it might act as a deterrent to the offender and others who fall into a pattern of semi-professional crime to support themselves. Second society is entitled to sideline or warehouse repeat offenders out of the community for longer periods of time so that at least during the term of incarceration they cannot wreck havoc on the lives of law abiding citizens. Thirdly offenders deserve punishment that fits the circumstances of the crime."
   
10. When the courts impose sentences the following purposes have to be borne in mind according to Section 4 of the Sentencing and Penalties Decree;
    
    1. to punish offenders to an extent and in manner which is just in all the 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
       
11. In this case I pick my starting point for larceny by trick as 18 months. For the aggravating circumstances I enhance the sentences for each count by 18 months. For the mitigatory circumstances I reduce the sentences by 12 months.
    
12. Although you are charged in one case, it appears that the two counts are for two different offences committed in two different dates and on two different Complainants. Therefore I do not think that the circumstances involving the two counts warrant this Court to impose a concurrent sentence.
    
13. Accordingly I impose 2 years imprisonment for each count. I order the sentences to run consecutive to each other. Accordingly you should serve a total imprisonment of 4 years. However I further order these sentences to run concurrent to the sentence you are currently serving.
    
14. You are eligible for parole after 24 months.
    

28 days to appeal.

Rangajeeva Wimalasena
Resident Magistrate

Lautoka

08.03.2011