State v Meleti [2012] FJHC 1465; Crminal Case 223.2012 (6 December 2012)

IN THE RESIDENT MAGISTRATE'S COURT OF NAVUA

Criminal Case No: - 223/2012
STATE

V

IOWANE MELETI

For Prosecution : - Sgt. Lenaitasi
Accused : - In person

SENTENCE

1. IOWANE MELETI, you were charged for the offence of Burglary, contrary to sec 312 of the Crimes Decree No 44 of 2009 as first count and for the offence of Theft contrary to sec 291 of the Crimes Decree No 44 of 2009 as second count.
   
2. When charge was first read you elected magistrate court and wanted to apply for legal aid. The court granted time but later you informed that you want to change your plea. Therefore on 04 Dec 2012 your plea was again taken and you waived right to counsel and pleaded guilty for both counts.
   
3. According to the summary of facts both these offences were committed on 07 March 2012 at Vunirewa village, Serua, Navua. On that day you entered in to the complainant's house and stole her Brush cutter to the value of $600.00. The police arrested you and recovered the stolen property.
   
4. This court is satisfied that your plea was made voluntarily and convicts you for both counts.
   

LAW AND TARIFF

5. The maximum penalty for Burglary is 13 years imprisonment.
   
6. The tariff for this offence is between 18 months to 3 years Tomasi Turuturuvesi v The State [2002] HAA 086 of 2002;
   
7. The maximum penalty for Theft is 10 years imprisonment.
   
8. Tariff for simple larceny is 6 months to 12 months imprisonment. Kaloumaira v State ( 2008) FJHC 63 . In Tikoitoga v State (2008, FJHC 44) 2008) it was held that the tariff for larceny is 18 months to 3 years.

.

9. After considering the summary of facts in this case I select 18 months imprisonment as starting point for both counts.
   

AGGRAVATING FACTORS

10. This court finds no aggravating factors in this case and therefore your sentence would stand at 18 months for both counts.
    

MITIGATING FACTORS

11. Mitigating factors are you are married with 02 children, the property was recovered, you seek forgiveness and not to reoffend in the future
    
12. You also pleaded guilty without going for a trial. You saved public money as well as court resources by pleading guilty. This will be considered as a mitigating factor too.
    
13. For all these mitigating factors I will deduct 10 months from both counts to reach 08 months imprisonment.
    
14. Since you are not a first offender you are not entitled for any discount for your past behavior. Now your final sentence will be 08 month for both counts.
    
15. This court has the power to suspend a sentence which is below 02 years. But I noted that you are not a first offender. You have got 08 live previous convictions from the list submitted by the prosecution.
    
16. From that 07 convictions were for same kind of offences. That shows you have not learned from your past mistakes and keep repeating them. Therefore I see no reason to suspend your sentence. This court has a duty to protect the society from crimes like these.
    
17. Accordingly I sentence you to 08 months imprisonment for the first count and 08 months imprisonment for the second count to be run concurrently.
    
18. 28 days to appeal
    

06/12/2012

H.S.P.Somaratne
Resident Magistrate, Navua