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State v Shankaran [2011] FJMC 44; CRC120.2011 (23 March 2011)

IN THE MAGISTRATE'S COURT AT LAUTOKA

Criminal Case No 120 /11

BETWEEN

THE STATE

AND

1. VIMAL SHANKARAN
2. VILIAME ROCATIREDA
   

SENTENCE

1. You, Vimal Shankaran and Viliame Rocatireda are to be sentenced upon pleading guilty to one count of aggravated burglary contrary to Section 313(1)(a) and one count of theft contrary to Section 291(1) of the Crimes Decree.
   
2. This is a case which was remitted back to the Magistrate's Court by the High Court pursuant to Section 4(2) of the Criminal Procedure Decree.
   

Facts

3. Both of you broke the front door glass of the Pizza in Paradise shop and stole bottles of liquor worth of $ 1012. The shop was closed after business between 9.15 pm of 21/02/11 and 7.15am of 22/02/11 when you broke into the shop. You broke the door glass with a stone and You, Viliame Rocatireda gained entry into the shop while you, Vimal Shankaran were standing outside as the watchman. Later both of you were arrested and you admitted the offence. Police recovered liquor bottles worth of $ 275 and 5 empty bottles.
   

The law

4. The maximum penalty for aggravated robbery is 17 years imprisonment. The tariff for burglary is 18 months to 36 months.
   
5. The maximum punishment for theft is imprisonment for 10 years. The tariff for theft is also 18 to 36 months.
   
6. For each offence I pick my starting point as 24 months for each of you.
   

The sentences

7. You, Vimal Shankaran said in mitigation that you are sorry for what you did. You said you will not do it again and you apologized to Court.
   
8. You, Viliame Rocatireda said that you are 20 years old and married with children. You said that you will not re offend and ask for a minimum sentence.
   
9. Both of you pleaded guilty at the very out set and you do not have criminal records.
10. For the mitigatory circumstances I reduce 12 months from each sentence. Accordingly I impose 12 months imprisonment for the first count and 12 months imprisonment for the second count on each of you. I order both sentences to run concurrent to each other.
    
11. Although both of you are first offenders I do not think the circumstances of this case warrant this court to suspend the sentences imposed on you. You have well planned this offence and broke into the Complainant's shop. The Court has a duty to ensure the safety of the public and the Court has to guarantee a safe environment for the public to engage in their lawful businesses without fear. These kinds of offences are prevalent in the society. The Court has to send a strong message to the others who are minded to indulge in this kind of actions regarding the repercussions of invading into others properties and causing damage.
    
12. Accordingly each of you should serve a total sentence of 12 months imprisonment.
    

28 days to appeal.

Rangajeeva Wimalsena
Resident Magistrate

Lautoka

23.03.2011