State v Varayme [2013] FJHC 92; HAC81.2012 (6 March 2013)

IN THE HIGH COURT OF FIJI
AT LAUTOKA

CRIMINAL JURISDICTION

CRIMINAL CASE NO: HAC 81 OF 2012

BETWEEN:

THE STATE

AND:

USENIO VARAYME

Counsel : Ms. S. Kiran for State
Accused in person

Date of Hearing : 26th February 2013
Date of Sentence : 6th March 2013

SENTENCE

1. The accused above-named was charged with one count of receiving stolen property punishable under Section 306(1) of the Crimes Decree.
   
2. The accused pleaded guilty to the charge and admitted to the summary of facts submitted by the State Counsel. According to summary of facts on the 9th June 2012 at about 11.45pm the complainant Mr John Peckham was walking at Naviti Street near Sugar City Mall. An unknown person put a cloth into his mouth, two boys came there and started punching him and push him to the ground. Then they robbed his $20 cash, one LG Mobile valued at $1,000 and a Sony Ericsson Mobile Phone valued at $500.
   

Upon receiving information the accused was arrested at 3.00am and a Sony Ericsson Phone was found in his possession. He had admitted he received that phone from one Jo of Rifle Range.

3. Being convinced with the Plea of the accused to be unequivocal the Court

found him guilty and convicted him under Section 306(1) of the Crimes Decree.

LAW

4. Section 306(1) prescribes maximum punishment as 10 years

imprisonment.

TARIFF

5. Tariff for the offence was discussed in State v Qavasaumaki (2011)

FJHC 283 it varies between 1 year to 3 years imprisonment.

6. Considering the facts of the case I commence your sentence at 2 years

imprisonment.

7. Aggravating factors:
   
   • (a) Possession of a stolen Mobile Phone immediately after the robbery.
     

I increase your sentence by one year now your sentence is 3 years imprisonment.

8. Mitigating circumstances:
   
   • (a) Your early plea.
   • (b) You seek forgiveness.
   • (c) You claim you are 18 years and unemployed.
     

Considering the mitigation I reduce your sentence by 1 ½ years.
Now your sentence is 1 ½ year imprisonment.

9. You submitted to Court that you regret and you have learnt your lessons, hence you request the court to consider a suspended sentence. State Counsel submitted your previous conviction records. According to the records I find you have 4 previous convictions. Details are as follows:
   

DATE	COURT	OFFENCE	SENTENCE
17/11/11	Lautoka	Burglary(1st Count)	8months imprisonment suspended for 2 years
17/11/11	Lautoka	Theft (2nd Count)	2months imprisonment suspended for 2 years
17/11/11	Lautoka	Escaping from lawful custody (3rd count)	2months imprisonment suspended for 2 years
15/05/12	Lautoka MC	Attempted Burglary (2nd count)	Sentenced to 18 months imprisonment suspended for 5 years. Concurrent.

10. I find you have committed the immediate previous offence when you are serving a suspended sentence. Even the present offence was committed while you have two suspended sentence pending.
    

Under the circumstances I am unable to suspend your sentence.

11. I act under Section 18 (3) of the Sentencing and Penalties Decree and impose 1 year and 3 months as non-parole period.
    
12. You are sentenced to 18 months imprisonment with 15 months non-parole period.
    
13. You have 30 days to appeal to the Court of Appeal.
    

S Thurairaja
Judge

At Lautoka
6th March 2013

Solicitors : Office of the Director Public Prosecution
Accused in person