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State v Navara [2013] FJMC 398; Criminal Case 1774.2013 (14 November 2013)

IN THE MAGISTRATES COURT OF FIJI
AT SUVA
Criminal Case No: - 1774/2013

STATE

V

EPINERI NAVARA

For Prosecution : - Cpl. Reddy
Accused : - Mr. Qetaki from the Legal Aid

SENTENCE

1. EPINERI NAVARA, you were charged for one count of Burglary, contrary to section 312(1) of the Crimes Decree No 44 of 2009 and one count of Theft contrary to section 291(1) of the Crimes Decree No 44 of 2009.
   
2. You pleaded guilty for both these counts on 16th October 2013. You also admitted the summary of facts presented by the prosecution.
   
3. According to the summary of facts on 17Th August 2013 you entered in to the house of Biyendu Battaacharya as a trespasser and stole items to the total value of US$ 5,500.00.
   
4. I am satisfied that your plea was made voluntarily and convict you for both these counts.
   

LAW AND TARIFF

5. The maximum penalty for Burglary is 13 years imprisonment.
   
6. The tariff for this offence is between 18 months to 3 years. Tomasi Turuturuvesi v The State [2002] HAA 086 of 2002;
   
7. The maximum penalty for Theft is 10 years imprisonment.
   
8. In Jone Saukilagini [2005]FJHC 13 Her Ladyship Justice Shameem held that "the tariff for simple larceny on a first conviction is from two to nine months. In cases of larceny of large amount of money sentence of 18 months to three years have been upheld by the High Court"
   
9. You have a previous conviction for theft. Therefore in this case I select 18 months imprisonment as starting point for first count and 12 months for the second count.
   

AGGRAVATING FACTORS

10. Aggravating factors are value of the stolen properties, home invasion and disregard the property rights of others. For these I add 06 months for both counts to reach 24 months for the first count and 18 months for the second count.
    

MITIGATING FACTORS

11. Mitigating factors are you are a young offender, you seek forgiveness and not to reoffend in the future. You were in custody for nearly one month. For these 05 months will be deducted from both counts.
    
12. You also pleaded guilty at the first available opportunity and for that 1/3 of your sentence will be deducted.
    
13. Since you are not a first offender you are not entitled for any discount for your past behavior.
    
14. Now your final sentence is 12 months for the first count and 08 months for the second count.
    
15. In pursuant to section 26(2) (b) of the Sentencing and Penalties Decree this Court has the power to suspend a sentence which does not exceed 02 years.
    
16. Even though you are a young offender you have been convicted for a similar offence in 2012 in Rakiraki and been given a suspended sentence for 02 years. During the operational period of that sentence you committed this offence showing clearly that you do not want to change your behavior. Therefore I do not see any reason to suspend this sentence.
    
17. Accordingly I sentence you to 12 months imprisonment for the first count and 08 months imprisonment for the second count to be served concurrently.
    
18. 28 days to appeal
    

14th November 2013

H.S.P.Somaratne
Resident Magistrate