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State v Singh [2016] FJMC 210; Criminal Case 624.2016 (4 October 2016)

IN THE MAGISTRATE COURT
SITTING AT NAUSORI

Criminal Case No. 624 of 2016

State

v

Ranjeet Singh

Prosecution : Pc Shalen

Accused : Present – In Person

Sentence

Ranjeet Singh, you elected to be tried in this Court. You have pleaded guilty on your own free will after you waived right to counsel. You have also admitted the statement of facts. You are charged with one count of Burglary, three of Theft and one of damaging property.

The Law and the Tariffs

Burglary --"Sec 312. — (1) A person commits an indictable offence (which is triable summarily) if he or she enters or remains in a building as a trespasser, with intent to commit theft of a particular item of property in the building.

Penalty — Imprisonment for 13 years.

(2) for the purposes of this Decree, an offence against sub-section (1) is to be known as the offence of burglary.

(3) A person commits an indictable offence (which is triable summarily) if he or she —

(a) enters, or remains in, a building, as a trespasser, with intent to commit an offence in the building that involves causing harm to another person or damage to property; and

(b) the offence referred to in paragraph (a) is punishable by imprisonment for life or for a term of 5 years or more.

Penalty — Imprisonment for 13 years."

Theft

291. — (1) A person commits a summary offence if he or she dishonestly appropriates property belonging to another with the intention of permanently depriving the other of the property.

Penalty — Imprisonment for 10 years.

(2) for the purposes of this Decree an offence against sub-section (1) is to be known as the offence of theft.

The Tariff for Burglary is set out in Tomasi Turuturuvesi v State [2002] HAA 86/02S 23 December 2002, Shameem J held that tariff for house breaking entering and larceny is between 18 months to 3 years imprisonment, the question of suspension being revered for young first offender.

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).

Damaging Property

The Maximum Penalty for Damaging Property, Contrary to Section 369 (1) of Crimes Decree 2009 is 2 years imprisonment.

Mitigation

The accused’s mitigation was that he is 40 years old, Married with no children, Labourer earning $80/week, co-operated with police seek a chance.

The Starting Point and Calculation of Sentence

I adopt the tariff for the offences of Burglary as set out here-in. Having noted the nature of offending this Court takes a starting point of 30 months for burglary. This Court gives 8 months discount for the guilty plea. For your mitigation and time spent in custody you get 4 months discount. Your sentence for burglary is 18 months imprisonment.

For each count of Theft this Court takes the tariff as between 9 months to 3 years. Noting the value of items and the nature of offending this Court takes a starting point of 20 months and gives 5 months discount for the guilty plea. For mitigation and time spent in custody you get 3 months. For theft you are to serve 12 months. The Court has also noted that some items were recovered.

For the fifth count of Damaging Property 7 months forging property.

This Court notes you not a 1t a 1^st offender and for this reason the Court will not suspend your sentence. The Court wishes to send out a clear message to all offenders that burglary, theft and damaging property of such nature will lead persons to custodial sentence.

Summary:

Count 0ne - Burglary – 18 months imprisonment

Count Two - Theft – 12 months imprisonment (Concurrent to count One)

Count Three - Theft – 12 months imprisonment (Concurrent to count One and Two)

Count Four - Theft – 12 months imprisonment (Concurrent to count One, Two and Three)

Count Five – Damaging Property – 7 months Imprisonment (Concurrent to count One, Two, Three and Four))

Any party aggrieved with this sentence has 30 days (from today) to appeal this sentence in the High Court.

Chaitanya Lakshman

Resident Magistrate

4^th October 2016