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State v Koroi [2013] FJMC 49; Criminal Case 1477.2012 (24 January 2013)

IN THE REPUBLIC OF FIJI ISLANDS

IN THE MAGISTRATE'S COURT
AT SUVA
(Under Extended Jurisdiction Pursuant to Section 4 (2) of The Criminal Procedure Decree 2009)

Criminal Case No: 1477/12

State

V.

Taniela Koroi
1st accused

Samuela Pei Talemaitoga
2nd accused

Ledua Severo
3rd accused

Prosecution : Mr Singh – DPP’s Office
Accused : All Present – in Person

SENTENCE

Taniela Koroi, Samuela Pei Talemaitoga, and Ledua Severo this is your sentence. The High Court has granted this Court extended Jurisdiction to try this case. You all have pleaded guilty, on your own free will to the following charge:

First Count
Statement of offence (a)

AGGRAVATED BURGLARY: Contrary to Section 313 (1) of the Crimes Decree Number: 44 of 2009.

Particulars of offence (b)

TANIELA KOROI, LEDUA SEVERO and SAMUELA PEI TALEMAITOGA, on the 28th day of October, 2012 at Suva in the Central Division, broke and entered into the house at 65 Gordon Street with intent to commit theft therein.

Second Count
Statement of offence (a)

THEFT: Contrary to Section 291 (1) of the Crimes Decree Number: 44 of 2009.

Particulars of offence (b)

TANIELA KOROI, LEDUA SEVERO and SAMUELA PEI TALEMAITOGA, on the 28th day of October, 2012 at Suva in the Central Division, Dishonestly appropriated (stole) 1X Modly DVD player valued at $99.00, 1 x AWA DVD player valued at $79.00, 1 x pair Puma canvas valued at $150.00, 1 x IBM Think Pad laptop valued at $3,000.00, 1 x Black Travelling bag valued at $15.00, 1 x Professional DR Hos pain therapy valued at $250.00, 1 x Mortein spray valued at $6.00, 1x bathing towel valued at $10.00, 2 x Round neck T-shirt valued at $40.00, 1 x Nokia mobile phone valued at $129.00, and 1 x Kingston flash drive valued at $39.00, all to the value of $3,817.00, the property of one NEERAJ KUMAR SOLANKI.

TANIELA KOROI, LEDUA SEVERO and SAMUELA PEI TALEMAITOGA you all have admitted the statement of facts as read out by the prosecutor on your own free will. You have mitigated and this Court has noted your mitigation.

This Court relies on State v Nasara [2011] FJHC 677; HAC143.2010 (31 October 2011) where his Lordship Justice Nawana stated that “the offence of ' Aggravated Burglary ', which is indictable, attracts a punishment of 17 year-term of imprisonment, while the summarily triable offence of ' Theft ' mandates a punishment upto a 10 year-term of imprisonment under the Decree.

The tariff for the offence of ' Burglary ', as founded on the basis of the provisions of the old Penal Code, was 18 months to 3 years in imprisonment (Tomasi Turuturuvesi v State) [2002] HAA 086/02. The tariff set for the offences involving burglary and larceny under the Penal Code was 1-4 years in imprisonment (Cavuilagi v State [2004] FJHC 92).

In State v Mikaele Buliruarua) [2010] FJHC 384, the tariff set for the offence of ' Burglary ' under the Penal Code, was made applicable in relation to the offence of ' Aggravated Burglary ' under the Decree.

I would accordingly adopt the same tariffs for the offences of ' Aggravated Burglary ' and of ' Theft ' under the Decree in this case."

This Court notes that you all are charged for aggravated burglary as the offence was committed as a group and you were armed with a cane knife.

Count One – Aggravated Burglary

1st Accused – Taniela Koroi

This Court notes the tariff as between 1 to 4 years. This Court takes a starting point of 3 years. For your guilty plea this Court gives 1 year discount and further 6 months discount for your mitigation and the time you have spent in custody. Your sentence for aggravated burglary is 18 months imprisonment.

2nd accused – Ledua Severo

This Court notes the tariff as between 1 to 4 years. This Court takes a starting point of 3 years. For your guilty plea this Court gives 1 year discount and further 6 months discount for your mitigation and the time you have spent in custody. Your sentence for aggravated burglary is 18 months imprisonment.

3rd accused – Samuela Pei Talemaitoga

This Court notes the tariff as between 1 to 4 years. This Court takes a starting point of 3 years. For your guilty plea this Court gives 1 year discount and further 6 months discount for your mitigation and the time you have spent in custody. Your sentence for aggravated burglary is 18 months imprisonment.

Count Two – Theft

1st Accused – Taniela Koroi

This Court notes the tariff as between 1 to 4 years. This Court takes a starting point of 3 years. For your guilty plea this Court gives 1 year discount and further 6 months discount for your mitigation and the time you have spent in custody. Your sentence for Theft is 18 months imprisonment.

2nd accused – Ledua Severo

This Court notes the tariff as between 1 to 4 years. This Court takes a starting point of 3 years. For your guilty plea this Court gives 1 year discount and further 6 months discount for your mitigation and the time you have spent in custody. Your sentence for theft is 18 months imprisonment.

3rd accused – Samuela Pei Talemaitoga

This Court notes the tariff as between 1 to 4 years. This Court takes a starting point of 3 years. For your guilty plea this Court gives 1 year discount and further 6 months discount for your mitigation and the time you have spent in custody. Your sentence for theft is 18 months imprisonment.

The sentence for aggravated burglary is concurrent to theft for all of you.
This Court has also noted that all the property in this case was recovered.
Taniela Koroi and Samuela Talemaitoga you both are 1st offenders and young persons. You have spent about 3 months in remand. You would surely have reflected upon your actions and this Court hopes that you would have learnt a lesson that if you invade someone's privacy and steal others property you will be given custodial sentence. People in this Country work hard to acquire property and assets and it is for their enjoyment and not for people like you. Having noted your mitigation and circumstances this Court will not further punish you. Your sentences are suspended for 18 months. Which means that if you re-offend in the next 18 months you might be prosecuted for breach of your suspended sentence and you will then serve a term of 18 months for this case.
Ledua Severo you are not a 1st offender you have previous similar convictions. It seems you do not wish to change yourself as you re-offend. This Court will not suspend your sentence. However as the aggravated burglary and theft occurred at the same time your sentence is concurrent. Meaning that you will serve 18 months imprisonment for both the counts.
Any party aggrieved with this sentence has 30 days (from today) to appeal this sentence in the Fiji Court of Appeal.
Summary –
Taniela Koroi and Samuela Talemaitoga – Count 1 and Count 2 – 18 months imprisonment/suspended for 18 months – concurrent.
Ledua Severo - Count 1 and Count 2 – 18 months imprisonment – concurrent.

Chaitanya Lakshman

Resident Magistrate

24th January 2013