State v Arevakisati [2012] FJHC 1216; HAC002.2012 (13 July 2012)

IN THE HIGH COURT OF FIJI
AT LAUTOKA
CRIMINAL JURISDICTION

CRIMINAL CASE NO.: HAC 002 OF 2012

BETWEEN:

STATE

AND:

SERU AREVAKISATI

Counsels: Ms. S. Kiran for the State

Accused in Person

Date of Sentence: 13th July 2012

SENTENCE

1. The Accused above named is charged with one count of Aggravated Burglary and one count of Theft, punishable under section 313 (1) and 291 (1) of the Crimes Decree respectively.
   
2. The Accused pleaded guilty to the charges levelled against him and admitted to the Summary of Facts.
   
3. According to the Summary of Facts on the 5th December 2011 the Accused together with three others had consumed alcohol at one of his friend's house and gone to the city and broke the glasses of Jai Shree Restaurant situated at downtown. After breaking windows and glass of the shop entered the same and removed $1360 worth of cigarettes and other items. Nothing was recovered from any of the suspects.
   
4. Convinced with the plea of the Accused being unequivocal the Court found him guilty as charged and convicted him accordingly.
   
5. Section 313 (1) prescribes a maximum sentence of 17 years imprisonment.
   
6. Section 291 (1) of the Crimes Decree prescribes a maximum sentence of 10 years imprisonment.
   
7. Considering the tariff for the offence of Aggravated Burglary was discussed in Maharaj –v- The State [2011] FJHC 373: HAA 014 of 2011 and Tomasi Turuturuvesi –v- State (2002) AAA 86/02s according to these cases the tariff is between 18 months and 3 years imprisonment.
   
8. Tariff for the offence of Theft was discussed in Niudamu -v- The State [2011] FJHC 661; HAA 028 of 2011 (20th October 2011) the tariff set was 2-9 months. In Chand V State [2007] FJHC 65 HAA 30 of 2007 Mataitoga J affirming the tariff of Larceny is with range of 2 to 3 years.
   
9. Considering the relevant sections in the Crimes Decree and the tariff, I commence your sentence as follows:
   

Aggravated Burglary – 2 years imprisonment;

Theft – 1 year imprisonment

10. Both offences were committed in the same course of transaction hence the sentence for Aggravated Burglary and Theft will be implemented concurrently.
    
11. Considering the aggravating factors:
    
    1. You have broken into a shop at downtown;
       
    2. You made the investors insecure;
       
    100. You acted as a hooligan;
         
    4. You have damaged the show case and business equipments apart from your burglary.
       

Considering the above aggravating factors I increase your sentence by 8 months. Now your sentence is 2 years and 8 months.

12. Mitigating circumstances:
    
    1. You have pleaded guilty;
       
    2. You claim you are 18 years old, young offender;
       
    100. You claim you come from a broken family;
         
    4. You claim you are remorseful;
       
    5. You claim you have just returned from the Boys Centre and the family had accepted you;
       
    6. Your brief period in remand;
       
    7. You promise that you will not commit any offence herein after.
       

Considering your mitigating circumstances I reduce your sentence by 12 months. Now your sentence is 20 months imprisonment.

13. You pray to Court to consider imposing a suspended sentence to you.
    
14. I seriously considered your submission and the response of the State Counsel. You have 2 pending cases before the Magistrate Court for similar offence. You have committed the offence while on bail. Hence I am unable to accede to your request.
    
15. Anyhow considering your early plea and your tender age I act under Section 26 of the Sentencing & Penalties Decree and order 8 months of your sentence to be implemented immediately and the balance 12 months be suspended for a period of 3 years.
    
16. Nature and consequence of the suspended sentence is explained to the Accused in English and iTaukei.
    
17. You have 30 days to appeal to Court of Appeal.
    

S. Thurairaja
Judge

At Lautoka
13th June 2012

Solicitors: The Office of the Director of Public
Prosecution for State

Accused in Person