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State v Vodonaivalu [2014] FJMC 135; Criminal Case 1403.12 (19 September 2014)

IN THE MAGISTRATE'S COURT
AT SUVA
IN THE REPUBLIC OF FIJI ISLANDS

Criminal Case No: 1403/12

State

v.

Saula Vodonaivalu

Prosecution : Ms D. Kumar
Accused : Present – with Ms S. Vaniqi

Sentence

Introduction

Saula Vodonaivalu, you are now being sentenced for the following counts:

Count one

Statement of Offence (a)

Obtaining Money by False Pretence: Contrary to section 309 (a) of the Penal Code Chapter 17.

Particulars of Offence (b)

Saula Vodonaivalu between the 20th day of June 2008 and 30th day of October 2008 at Suva in the Central Division with intent to defraud, obtained from the villagers of Tokou in Ovalau, the sum of $46,000.00 which was deposited into the Westpac Bank account number 980109003 of Fiji Islands Seacology Conservation Trust, by falsely pretending that the money was for the construction of Tokou village community hall.

Count Two

Statement of Offence (a)

Forgery: Contrary to section 341 (1) of the Penal Code Chapter 17.

Particulars of Offence (b)

Saula Vodonaivalu between the 1st day of August 2008 and the 30th day of September 2008, at Suva in the Central Division, with intent to defraud Fiji Islands Seacology Conservation Trust, made false Westpac bank statement of bank account number 980109003 in order that it may be used as genuine.

Count Three

Statement of Offence (a)

Uttering a Forged Document: Contrary to Section 343 (1) of the Penal Code Chapter 17.

Particulars of Offence (b)

Saula Vodonaivalu between the 1st day of August 2008 and the 31st day of December 2008, at Suva in the Central Division, Knowingly and fraudulently uttered a forged Westpac bank statement of bank account number 980109003.

Plea, Facts and Mitigation

You pleaded guilty on your own free will. You admitted the statement of facts. Your counsel has submitted written mitigation which this Court has considered.

The Maximum Penalties and The Tariff

The Maximum Penalty for Count One which is Obtaining by False Pretence is 5 years imprisonment. The tariff for this offence under the Penal Code is from 18 months to five years; the difference being in the amount of money being obtained (Jona Saukilagi – HAC 21 of 2004).

The Maximum penalty for Count Two which is forgery is 14 years imprisonment. The leading Fiji authorities of Kesi (HAC 24 of 2009) and Hu Jun Yun (HAA 24/2005) set a tariff range of 18 months to three years.

The Third Count is Uttering a forged document. The maximum penalty for this is 14 years imprisonment.

Starting Point

In view of the above-mentioned observations and the relevant provisions of the Sentencing and Penalties Decree. This Court takes 30 months as an appropriate starting point for the offences that you have committed for each of the counts. For the aggravating factors which include devising a plan, the sum of money involved and no recovery, betraying the trust placed in you and the loss to the villagers of Tokou this Court adds further 6 months. For your guilty plea this Court gives you 8 months discount and further 6 months discount for your mitigation.

This Court has carefully considered the issue of suspending your sentence while you are a 1st Offender no restitution has not been made. You were in a position of trust you betrayed this trust. For these reasons this Court will not suspend your sentence.

For each of the three counts you will serve a term of 22 months imprisonment. The term for each count is concurrent.

Right of Appeal

You have 28 days to appeal to the High Court.

Chaitanya Lakshman
Resident Magistrate
19/09/20134