IN THE MAGISTRATE'S COURT AT Nausori
Magistrate’s Court Case No. 874/15
HAC - 23/16

THE STATE
v.
Adriu Tovili

For State: Ms Serukai (DPP”s Office)
For Accused: Mr Chand (Legal Aid)

SENTENCE

You, Adriu Tovili are now being sentenced after pleading guilty to the charge of arson  contrary to Section 362 (b) of the Crimes Decree. The High Court has granted extended jurisdiction for this Court to deal with this matter. 
The maximum sentence for Arson is life imprisonment.
The Courts in Fiji have set the tariff band of sentence for arson  at between 2 years and 4 years imprisonment. (Lagi HAA 004/2004 per Shameem, J and Tuitokava HAA 67/2005 also Shameem, J).
In this case I pick a starting point as 3 years imprisonment (36 Months). I have noted the nature and the circumstances of the offending
It was revealed that you set fire to a fishing boat. You have caused damage to a total value of $15 000 dollars as consequences of setting fire to that fishing vessel. 
You have set fire to the boat after an argument with the victim and threatened to burn his boat and after a few drinks you burned the boat. It appears that this is a planned act as you carried out your threat. Thus your sentence is enhanced by one year (12 months).
In mitigation you said that you are seeking leniency and forgiveness for your actions. You said that you are a Boat Master. You said that you are separated from your wife and have two children. Pleaded guilty early and co-operated with the police. The Court has noted that you have spent 6 months in custody.
Thus for the mitigation and the time spent in custody your sentence is reduced by 16 months.
The Court finds no compelling reason reasons to impose a non-custodial sentence in this case. Accordingly you are sentenced to 32 months for committing arson.
28 days to appeal.
Summary of Sentence – 32 Months Imprisonment

Chaitanya Lakshman
Resident Magistrate
31st May 2016