Home | Databases | WorldLII | Search | Feedback Magistrates Court of Fiji

State v Tikomainaboro [2013] FJMC 18; Criminal Case 06.2013 (15 January 2013)

IN THE MAGISTRATE COURT OF FIJI
AT TAVUA
CRIMINAL JURISDICTION

CRIMINAL CASE NO. 6/13

BETWEEN:

THE STATE

AND:

NANAU TIKOMAINABORO

Prosecution: PC Dinesh
Accused: In person

SENTENCE

1. Nanau Tikomainaboro you pleaded guilty to the offence of Burglary contrary to section 312(1) of the Crimes Decree No. 44 of 2009 and Theft contrary to section 291(1) of the Crimes Decree No. 44 of 2009 as charged.
   
2. You opted to represent yourself and pleaded guilty on your own free will to the charge which was read and explained to you. You also accepted the facts read and tendered by prosecution.
   
3. The court being satisfied that your plea was unequivocal convicts you as charged.
   
4. The facts are on 17th November 2012 at 3.30am at lot 35 Low Cost housing Vatukoula, you broke and entered the dwelling house of one Karalaini Nasilasila with intent to commit an offence namely theft. Upon entering the house you stole from therein a DVD deck valued at $299.00. The complainant also felt someone touch her lower leg and was awakened. She saw you and shouted. You than ran away from the scene. Complainant noted that her DVD deck was missing and reported the matter to police.

Investigations were carried out and upon information received you were arrested and cautioned interviewed. Charges were than laid accordingly. The DVD deck was not recovered as you had sold it to an unknown person in Rakiraki for $10.00.

5. I take the following mitigation in your favor:
   
   • Guilty plea.
     
   • Seeks forgiveness of court and promised not to re-offend.
     
6. I consider the following factors as aggravating in this case:
   
   • Prevalence of the offence in community.
     
   • Benefit derived from the offence.
     
   • Fear instilled in the complainant when you touched her and she shouted.
     
7. Burglary under the Crimes Decree carries a maximum imprisonment term of 13 years. Established authorities suggest that the tariff for the said offence including theft is between 12 months - 4 years (see: State v Jese Driu, HAC 143 of 2010; State v Tomasi Turuturuvesi [2002] HAA 86/02; Cavuilagi v State [2004] FJHC 92)
   
8. Theft under the Crimes Decree carries a maximum imprisonment term of 10 years. The guideline in case authorities suggest that tariff for theft ranges from 2-9 months for 1st convictions and between 9 – 24 months for 2nd convictions depending on the value of the goods and circumstances of the stealing. (see: State v Saukilagi [2005] FJHC 13; Ronald Vikash Singh v State HAA 035 of 2002)
   

Sentence

9. In considering the circumstances of the offending in this case, for the offence of Burglary I take a starting point of 18 months.
   
10. Considering the aggravating features I increase the sentence by 2 months making sentence at 20 months for the offence of burglary.
    
11. For your early guilty plea I give a discount of 6 months and for other mitigating factors I further reduce your sentence by 2 months. Your final sentence for burglary is 12 months imprisonment.
    
12. For the offence of theft I consider the aggravating factors and balanced with the mitigating factors I sentence you to 9 months imprisonment.
    
13. To give effect to the principle of deterrence you are sentenced to 12 months for burglary and 9 months for theft. Since both offences were committed in one transaction both sentences are to be served concurrently. In total 12 months imprisonment.
    
14. I now consider whether your sentence should be suspended. This is not your first offence since you've admitted having four previous convictions and three which is for similar offending. You cannot expect the leniency of the court therefore your sentence will not be suspended. Further there are no exceptional or compelling circumstances to suspend your sentence.
    
15. You will serve and immediate imprisonment term of 12 months.
    
16. 28 days to appeal.
    

Samuela Qica
Resident Magistrate

15th January 2013