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State v Saisaidugu [2017] FJMC 40; Criminal Case 665.2016 (10 March 2017)

IN THE MAGISTRATE’S COURT AT LABASA

CRIMINAL JURISDICTION

Criminal Case No.665 of 2016

STATE

v

ILIESA SAISAIDUGU

For the Prosecution: WCPL Selai

For the Accused : In Person

Sentence : 10 March 2017

SENTENCE

1. The accused, Iliesa Saisaidugu, you are before this Court today to be sentenced for the offences of Burglary and Theft for contravening section 312 and 219 of the Crimes Decree 2009 respectively.
   
2. On 23 December 2016 you waived your rights to counsel. On 26 January 2017 you elected to be tried before the Magistrate’s Court and you pleaded guilty to both the offences on the same day. I find your plea to be unequivocal.
   
3. The brief summary of facts are;-
   

“Between 10 November 2016 at 5pm to 11 November 2016 at 5pm, the accused Iliesa Saisaidugu broke the front window of the Labasa Club, entered into the Club and stole 1 Hisense brand flat screen TV (32 inch) valued $1,200.00; snacks, potatoe chips, fried peas valued $70.00; and 12 recharge cards (Ink and Voda) valued $72.00, all to the total value of $1,342.00. The indecent was discovered by Dalip Kumar the Secretary of Labasa Club and reported the matter to the Police.

4. On 6 January 2017, you admitted to the summary of facts and was convicted as charged.
   
5. The maximum penalty for Burglary is 13 years imprisonment. The tariff is from 12 months to 3 years imprisonment as set in Mosese Uluicicia v State, Criminal Appeal No. HAA 028 of 2014. The maximum penalty for Theft is 10 years imprisonment. The tariff is for 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.
   
6. The aggravating factors are;-
   
   1. You instill fear and insecurity to the business communities.
   2. Forcefully break into the window of Labasa Club.
   3. Unlawfully entered into the Club.
   4. Unlawfully took the items referred to in paragraph 3 above without the knowledge and permission of the owner.
      
7. The mitigating factors are;-
   
   1. Remorseful and ask for forgiveness.
   2. Young offender of 21 years old.
   3. Engaging in part time job and pursuing short courses on computer class.
      
8. In your sentence, my starting point for Burglary is 2 years. I add 1 year for the aggravating factors and that increase your sentence to 3 years. I reduce 6 months for your mitigation and that reduce your sentence to 2 years and 6 months.
   
9. You entered an early guilty plea. In the case of Vilimone v State [2008] FJHC 12, the High Court recognised that one third of the sentence should be reduced for an early guilty plea. I therefore reduce 10 months for your early guilty plea and that reduce you sentence to 1 year and 8 months imprisonment.
   
10. I noted that you are in remand for about 2 months and 2 weeks. In Bavoro v State [2013] FJHC 1, the High Court recognised that appropriate reduction in the sentence to reflect the remand period could be made under section 24 of the Sentencing and Penalties Decree 2009. I therefore further reduce 2 months and 2 weeks from your sentence and your final sentence for Burglary is 1 year, 5 months, and 2 weeks imprisonment.
    
    11. In compliance with the “one transaction rule” as imposed by the Supreme Court in Wong Kam Hong v The State (unreported) Criminal App No. CAV 0002 of 2013 (23 Oct 2003), I impose 10 months imprisonment as your sentence for the count of Theft, as you are a repeated offender.
        
    12. From 2013 to the date of this sentence you had been convicted and sentence for 5 counts of Burglary and 4 counts of Theft. That shows that you are unable to reform yourself and you take advantage of the court leniency.
        
    13. Iliesa Saisaidugu, I now sentence you as follows; -
        

Count 1 - Burglary - 1 year, 6 months, and 2 weeks imprisonment.

Count 2 - Theft - 10 months imprisonment.

14. Sentence for both the counts are to be served concurrently.
    

28 days to appeal.

C. M. Tuberi

RESIDENT MAGISTRATE