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State v Baca [2012] FJMC 13; Criminal Case 27.2012 (31 January 2012)

IN THE MAGISTRATE'S COURT AT NASINU

Criminal Case No: 27 of 2012

STATE

V

NASONI BACA

For Prosecution: Sgt Volavola
For the accused: in person

SENTENCE

1. You, NASONI BACA, are here, to be sentenced on admission of guilt on your own accord for the following offence namely:

CHARGE:

Statement of Offence [a]

Count 1

DAMAGING PROPERTY: Contrary to Section 369 (1) of the Crimes Decree No. 44 of 2009.

Particulars of Offence [b]

NASONI BACA on the 14th day of January, 2012 at Nasinu in the Central Division wilfully and unlawfully damaged the bonnet of vehicle registration number GN 636 valued at $150.00 the property of the FIJI POLICE FORCE.

I am satisfied with your plea is unequivocal and that you understand the repercussion of your plea. Therefore I convict you as charged.

2. According to the facts, (which you have admitted), On the 14th day of January, 2012 at about 9.25 pm at Waisasa Settlement you, NASONI BACA, 23 years, unemployed of Veiniu Settlement, Tacirua damaged the bonnet of vehicle registration number GN 636 valued at $150.00 the property of the FIJI POLICE FORCE. The story is succinctly as follows; On the above mention date and time PC 4721 VILIKESA BETEI (PW1), 26 years, Police Officer of Lot 44 Sagali Place, Nadera was driving the said vehicle when he was instructed along with the crew of the vehicle namely SC 4062 ISIMELI (PW2), 23 years, Police Officer of Lot 9 Muanikoso Road, PC 4065 BABU A. SINGH (PW3), 41 years, Police Officer of Waituri, Nausori and WSC 162 ELENI (PW4), 29 years, Police Officer of Valelevu Single quarters to attend to a report of gambling. Whilst approaching the place the youths ran when they saw the Police vehicle and you got hold of the source of light to them which is a bottle of 40oz rum filled with kerosene and a wick and threw it at the said vehicle and landed on its bonnet causing damages to it worth $150.00.

3. The Section indicates as follows;

"369. — (1) A person commits a summary offence if he or she wilfully and unlawfully destroys or damages any property.

Penalty — Imprisonment for 2 years, if no other punishment is provided under any other provision of this section."

Therefore, maximum penalty could be imposed for this offence is two years imprisonment.

4. Tariffs vary the gravity and nature of these offences. In a recent case of State v Eparama Nagalu and Others, [2010] FJHC 209; HAC122.2008S (24 June 2010) In Paragraph 23, all four Accused are sentenced to 9 months imprisonment as count for Damaging property (Count 4). Therefore I select 3 months imprisonment as starting point considering value of damaged property.

Aggravating Factors of the offence

5. Following facts were revealed by the summary of facts placed before the court and will be considered as aggravating factors.

-damaged to the state's property.

- gang activity

-preventing the cause of justice (The police was on raid to arrest gamblers and your act prohibited it)

6. You pleaded guilty for the charge at the first instance. Therefore, you are entitled for reduction of your sentence.

Mitigating Factors

7. In mitigation, you said that you are 23 years old, single. You reside with mother and siblings. You asked court's leniency and forgiveness and promise not to re offend.

8. You are not a fresh offender. You have 4 previous convictions, but all are difference offences. I note you have 2 suspended sentence for case numbers 487/2009 and 1212/2009 respectively. Apart from that you have breached the bond of 2084/2010 which you were bound over for sum of $1000 not to re offend in the next 24 months. The suspended sentences are still operative. I therefore hold you cannot have any merits or relief from your past good character. You had attacked the police vehicle and prevented administration of justice. Therefore above aggravating factors I increase your sentence 3 months. Considering mitigating factor, remand period and your early plea I reduce your sentence 2 months. Now your actual sentence stands 4 months.

9. As you have breached suspended sentence, the prosecution is ordered to file case against you under section 28(2) of Sentencing and Penalty Decree 2009 for respective cases for activation of suspended sentences. Further Police Prosecution is ordered to file motion to case number 2084/2010 to cancel the Bond of $1000 and recover the money. There are no merits to suspend this sentence. Therefore, you should serve 4 months imprisonment.

10. 28 days to appeal.
On 31st of January 2012, at Nasinu, Fiji Islands

Sumudu Premachandra
Resident Magistrate