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State v Iowane [2017] FJMC 80; Criminal Case 42 of 2017 (14 June 2017)

IN THE MAGISTRATES’ COURT OF FIJI

AT LEVUKA

Criminal Case No: - 42/2017

STATE

V

SEVERIO IOWANE

For the Prosecution: Sgt.Rao

The Accused: In person

Date of Sentence: 14^th of June 2017

SENTENCE

1. SEVERIO IOWANE , you were charged with one count of Damaging Property contrary to section 369(1) of the Crimes Act No 44 of 2009.
2. You pleaded guilty this morning and admitted that on 28^th May 2017 after you were remanded in Levuka Police Station for drunk and disorderly conduct, you damaged the sink in the wash room. The estimated damage is $8.00 as submitted by the prosecution.
3. I am satisfied that your plea was on your own free will and convict you for this offence.
4. Maximum sentence for Damaging Property under the Crimes Act is 02 years imprisonment and in Singh v State [2014] FJHC 191; HAA024.2013S (21 March 2014) the court held that the tariff is from 6 to 18 months imprisonment.
5. In Laisiasa Koroivuki v the State [2013] FJCA 15; AAU0018.2010 (5 March 2013) his Lordship Justice Goundar discussed the guiding principles for determining the starting point in sentencing and observed :

"In selecting a starting point, the court must have regard to an objective seriousness of the offence. No reference should be made to the mitigating and aggravating factors at this stage. As a matter of good practice, the starting point should be picked from the lower or middle range of the tariff. After adjusting for the mitigating and aggravating factors, the final term should fall within the tariff. If the final term falls either below or higher than the tariff, then the sentencing court should provide reasons why the sentence is outside the range."

6. Considering the objective seriousness, I select 08 months as the starting point for this offence.
7. The aggravating factors are this was committed inside a police station and the public property was damaged and for these I enhance your sentence by 06 months to reach 14 months imprisonment.
8. In your mitigation you submitted that you 33 years old, married with 05 children and first offender. For these I deduct 05 months to reach 09 months imprisonment.
9. For your early guilty plea finally I deduct 1/3 to reach 06 months imprisonment
10. Considering your early guilty plea, past good behavior and other personal mitigating factors I suspend this sentence for 02 years.
11. If you commit any offences during next 02 years you can be charged under section 28 of the Sentencing and Penalties Act.
12. 28 days to appeal.
    

Shageeth Somaratne

Resident Magistrate