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State v Waqanivavalagi [2013] FJMC 40; Criminal Case 42.2013 (29 January 2013)

IN THE RESIDENT MAGISTRATE'S COURT AT NAVUA

Criminal Case No: - 42/2013

STATE

V

VILIAME WAQANIVAVALAGI

For Prosecution : - Sgt. Lenaitasi
Accused : - In person

SENTENCE

1. VILIAME WAQANIVAVALAGI, you were charged in this Court for offence of Criminal Trespass contrary to section 387[4] of the Crimes Decree No 44 of 2009.
2. When this was first called on 29/01/2013 you waived right to counsel and pleaded guilty for the charge. You also admitted the summary of facts which reveled that you entered in to the dwelling house of the complainant.
   
3. I am satisfied that your plea was made voluntarily and convict you for the above offence.
   
4. Maximum penalty for the offence of Criminal Trespass is 01 year imprisonment.
   
5. Tariff for the offence of Criminal Trespass is 01 to 09 months imprisonment. Ravuwai v State [2007]; State v Nukumata [2011] FJHC 109
   
6. Considering the facts in this case I take my starting points as 06 months imprisonment.
   
7. From the summary of facts I do not see any aggravating factors and therefore your sentence would stand at 06 months.
   
8. You pleaded guilty on the first day and are entitled for 1/3 reduction of your sentence. Other mitigating factors are first offender, seeks forgiveness and you are 20 years old.
   
9. For all the facts mentioned above I deduct 04 months from your sentence to reach 02 months imprisonment.
   
10. This Court strongly believes young first offenders like you should be given a chance to reform.
    
11. Therefore you are sentenced to 02 months imprisonment for the offence of Criminal Trespass and that sentence would be suspended for 01 year.
    
12. You have to be in good behavior during the next 01 year. If you commit any crime during that period you can be charged under section 28 of the Sentencing and Penalties Decree.
    
13. 28 days to appeal
    

29/01/2013

H.S.P.Somaratne
Resident Magistrate, Navua