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State v Turagabaleti [2016] FJMC 92; Criminal Case 130.2013 (22 July 2016)

IN THE MAGISTRATE’S COURT AT SAVUSAVU

CRIMINAL JURISDICTION

Criminal Case No. 130 of 2013

STATE

v

PENI TURAGABALETI

For the Prosecution : Ms Elo. W

For the Accused : Mr Rakaria. I

Sentence : 22 July 2016

SENTENCE

1. The accused, Peni Turagabaleti, you are before this court to be sentenced after you have been convicted to the charges of Aggravated Burglary and Theft, contrary to sections 313(1)(a) and 291 respectively of the Crimes Decree, 2009.
   
2. The charges were put to you in the presence of your legal counsel on 23 December 2015. You pleaded guilty to the charges on the same day. I find your plea to be unequivocal.
   
3. The brief summary of facts are that;-

“On 4/5/13 the accused Peni Turagabaleti and another broke into Iliesa Tuiloma’s canteen at Bagasau village by using a cane knife to break the canteen door lock. There they stole 16 packets of Lee’s biscuits valued at $26.40; 5 large Ocean Pacific tin fish valued at $13.40; 12 canned Tuna Flakes valued at $19.80; 3 packets of Rewa powdered milk valued at $18.30; and 25 packets chow noodles valued at $16.25, all to the total value of $94.15. There was no recovery.”

4. The summary of facts was read to you in open court on 10 February 2016, and you admitted to the summary of facts and were convicted as charged.
   
5. The Defence Counsel field written mitigation on 6 May 2016, which I have considered in this sentence.
   
6. The maximum penalty prescribed for Aggravated Burglary is 17 years imprisonment. The tariff is from 18 months to 3 years imprisonment as set in State v Mikaele Buliruarua [ 2010] FJHC 384. The maximum penalty prescribed for Theft is 10 years imprisonment. The tariff is 2 to 9 months for simple theft and 9 months and more for repeated offenders as set in Vakarauvanua v The State [2004] FJHC 116.
   
7. In sentencing, my starting point for Aggravated Burglary is 2 years.
   
8. The Aggravating factors in this case are;-
   • (i) This is a plan burglary and theft.
   • (ii) It is a commercial burglary and theft.
   • (iii) You shared the stolen items with the other co-offender.
   • (iv) There was no recovery.
     
9. I add 1 year and 6 months for the above aggravating factors and that increases your sentence to 3 years and 6 months.
   
10. The mitigating factors are;-
    • (i) 20 years old so young and first offender.
    • (ii) Committing offence on peer pressure.
    • (iii) Remorseful and seek for the courts forgiveness.
    • (iv) Full co-operation with the Police.
    • (v) Promise not to re-offend and to reform if given an opportunity.
    • (vi) You have learned a lesson.
      
11. With the above mitigating factors, I reduce your sentence by 1 year and that reduce your sentence to 2 years and 6 months.
    
12. The typed copy of the disclosures was served to the Defence counsel on 23 December 2015 and you pleaded guilty to both the charges on the same day. I will treat that as an early guilty plea and you are entitle to a one third reduction. I will reduce your sentence by 10 months and that reduces your sentence to 1 year and 8 months.
    
13. You were in remand for 3 months from 29 June 2015 to 21 September 2015. I will further reduce your sentence by 3 months and that reduce your sentence to 17 months.
    
14. Your final sentence for Aggravated Burglary is 17 months imprisonment. It is below the tariff because of the reduction of the remand period.
    
15. Both the offences were committed together under one circumstance. In compliance with the “one transaction rule” imposed by the Supreme Court in Wong Kam Hong v The State (unreported) Criminal Appeal No. CAV 0002 of 2013 (23 October 2013), I impose 6 months imprisonment as your sentence for the count of Theft.
    
16. Now your sentence stand as follows:-
    
    • (i) Aggravated Burglary - 17 months imprisonment.
      
    • (ii) Theft - 6 months imprisonment.
      
17. I have drawn my attention to the case of Navin v The State [2006] FJHC 6;

HAA 0148J. 2005S (9 February 2006), where the High Court has provided for

the approach to be taken for young and first offenders. Your 3 months in remand should teach you a lesson. I find that this is an appropriate case where suspended sentence to be ordered.

18. Peni Turagabaleti, I will now sentence you as follows;-
    
    1. Aggravated Burglary – 17 months imprisonment.
    2. Theft – 6 months imprisonment.
    100. Sentence for both the counts are to run concurrently and suspended for 2 years.
         

28 days to appeal.

C. M. Tuberi
RESIDENT MAGISTRATE